SOMMELLA v. ROACH


91 A.D.2d 630 (1982)

Robert J. Sommella et al., Respondents, v. Richard Roach et al., Defendants, and Great River Pools, Inc., et al., Appellants. (And Other Actions.) (Action No. 1.) Robert J. Sommella et al., Respondents, v. John Holze et al., Appellants. (And Other Actions.) (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 13, 1982


Order modified, on the law, by deleting the second decretal paragraph thereof and substituting therefor a provision granting John Holze's cross motion for summary judgment and by adding to the fifth decretal paragraph thereof after the word "denied" the following: "except as to John Holze's cross motion which is granted." As so modified, order affirmed, without costs or disbursements.

Plaintiffs have failed to present a genuine issue of fact as to appellant John Holze...

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