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BARON v. CITY & COUNTY PAVING, INC.

232 A.D.2d 515 (1996)

648 N.Y.S.2d 965

Donald Baron et al., Appellants, v. City and County Paving, Inc., et al., Respondents

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

October 21, 1996

Ordered that the order is reversed, on the law, with costs payable by the respondents appearing separately and filing separate briefs, the defendants' motions are denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

The defendant City and County Paving Corp. s/h/a City and County Paving, Inc. (hereinafter City and County) was hired to repave a private street...

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