BUTLER v. DELAWARE OTSEGO CORP.


234 A.D.2d 639 (1996)

650 N.Y.S.2d 483

David K. Butler, Sr., et al., Respondents, v. Delaware Otsego Corporation et al., Appellants

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

December 5, 1996


Spain, J.

The relevant facts underlying this litigation may be found in our recent decision of an earlier appeal in this matter (218 A.D.2d 357); there, we affirmed Supreme Court's partial denial of defendants' motion, pursuant to CPLR 3211, to dismiss the complaint. During the pendency of the aforementioned appeal defendants moved for an order, pursuant to CPLR 3212, granting summary judgment. Supreme Court determined...

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