MARINO v. DWYER-BERRY CONSTR. CORP.


146 A.D.2d 750 (1989)

Ronald Marino, Appellant, v. Dwyer-Berry Construction Corp. et al., Defendants, and Richard G. Barger, Respondent

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

January 30, 1989


Ordered that the order is affirmed, with costs.

The facts of this case are summarized in a companion decision disposing of the appeal by the defendant County of Dutchess (see, Marino v Dwyer-Berry Constr. Corp., 146 A.D.2d 751 [decided herewith]).

The court dismissed the plaintiff's complaint as against the defendant Barger for failure to state a cause of action, finding that he was not the prior owner of the...

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