POLEN v. FUCHS


203 A.D.2d 977 (1994)

612 N.Y.S.2d 1004

Mitchell Polen, Appellant, v. Aaron Fuchs et al., Respondents

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

April 15, 1994


Judgment unanimously reversed on the law without costs, motions denied, and complaint and cross claims reinstated.

Memorandum:

Supreme Court erred in granting defendants' motions for summary judgment dismissing the complaint and cross claims. Plaintiff raised questions of fact whether defendants breached duties of care owing to him (see, Basso v Miller, 40 N.Y.2d 233, 241; Meseck v General Elec. Co....

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