ENNIS v. NORTHEAST MINES, INC.


200 A.D.2d 553 (1994)

606 N.Y.S.2d 315

Patricia A. Ennis et al., Respondents, v. Northeast Mines, Inc., et al., Respondents. (Action No. 1.) Patricia A. Ennis et al., Respondents, v. Town of Smithtown, Appellant. (Action No. 2.)

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

January 10, 1994


Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the plaintiffs-respondents, so much of the order dated May 16, 1991, as denied the appellant's motion for summary judgment is vacated, the motion is granted, and the complaint in Action No. 2 is dismissed insofar as it is asserted against the appellant and all cross claims against it are dismissed.

The decedent, a mechanic at a sand and gravel mining business, died when...

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