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KELLY v. TOWN OF BROOKHAVEN

206 A.D.2d 505 (1994)

615 N.Y.S.2d 279

Eileen Kelly, Appellant, v. Town of Brookhaven, Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. Ascon Distributing Corp., Third-Party Defendant-Respondent. (Action No. 1.) Eileen Kelly, Appellant, v. Ascon Distributing Corp., Respondent. (Action No. 2.)

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

July 25, 1994

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that there are no issues of fact which require a trial as to the liability of Ascon Distributing Corp. in either action (cf., Hughes v State of New York, 14 A.D.2d 449

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