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BUTLER v. SEITELMAN

90 N.Y.2d 987 (1997)

688 N.E.2d 494

665 N.Y.S.2d 620

Mary J. Butler, Individually and as Administrator of The Estate of Richard E. Butler, Deceased, and as Parent and Natural Guardian of Sara J. Butler and Others, Infants, Appellant, v. Lawrence Seitelman et al., Respondents.

Court of Appeals of the State of New York.

Decided October 23, 1997.

Attorney(s) appearing for the Case

Herrmann, Pelagalli & Weiner, L. L. P., Clifton Park (Paul Pelagalli of counsel), for appellant.

Edward B. Flink, Latham, and Jay A. Smith for respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendants' motion for summary judgment denied.

In response to defendants' motion for summary judgment dismissing the complaint, plaintiff submitted evidentiary proof in admissible form which tended to establish that the decedent had been retained by defendants to paint their lakefront house, that the decedent had been "advised" by...

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