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WHEELER v. ROBERTS

101 A.D.2d 714 (1984)

William J. Wheeler et al., Plaintiffs, v. Edwin W. Roberts, Appellant, and Northern Oswego County Health Services, Inc., Respondent

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

April 12, 1984

Order unanimously reversed, with costs, and motion denied.

Memorandum:

Special Term erred in granting the motion of defendant Northern Oswego County Health Services, Inc., for summary judgment. A cross claim for apportionment of fault necessarily depends upon the proof adduced at trial and the basis of plaintiff's recovery, if any, against it. At this stage of the proceedings, the motion is premature (Oswald v Reimann & Georger,

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