STAR v. BERRIDGE


77 N.Y.2d 899 (1991)

Marilyn Star, Individually and as Executrix of Carl Star, Deceased, Appellant, v. Patricia Berridge et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided March 27, 1991.


Attorney(s) appearing for the Case

Alexander J. Wulwick for appellant.

Jeremy Heisler for Patricia Berridge, respondent.

Patrick J. Crowe for Cameo East Meadow and others, respondents.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Chief Judge WACHTLER taking no part.


MEMORANDUM.

The order of the Appellate Division should be modified, with costs to plaintiff against defendant Berridge, by denying defendant Berridge's motion for summary judgment and, as so modified, affirmed, with costs to the remaining defendants against plaintiff.

The record reflects a triable issue of fact concerning whether defendant Berridge actually installed a lead shield as ordered by the New York State...

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