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STAMBACH v. PIERCE

162 A.D.2d 1054 (1990)

William L. Stambach, by his Guardian ad Litem, William Kenyon, et al., Respondents, v. Leon Pierce, Appellant William L. Stambach, by his Guardian ad Litem, William Kenyon, et al., Respondents, v. Cheshire Volunteer Fire Company, Inc., Appellant, et al., Defendant

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

June 22, 1990

Order unanimously reversed on the law without costs and motion granted.

Memorandum:

The court erred in denying defendants' motion to dismiss plaintiffs' complaint because Sheehy v Big Flats Community Day (73 N.Y.2d 629) effectively overruled the sole basis for our holding in Stambach v Pierce (136 A.D.2d 329) by holding that Penal Law § 260.20 (4) does not give rise...

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