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WHITESELL v. WALCHLI

237 A.D.2d 953 (1997)

654 N.Y.S.2d 541

Michael A. Whitesell et al., Respondents, v. Barbara S. Walchli, Defendant, and Edward J. Walchli, Appellant. (Appeal No. 1.)

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

March 14, 1997

Order unanimously reversed on the law without costs, motion granted and complaint against defendant Edward J. Walchli dismissed.

Memorandum:

Supreme Court erred in denying the motion of Edward J. Walchli (defendant) to dismiss the complaint against him for failure to state a cause of action (see, CPLR 3211 [a] [7]). Plaintiffs allege that defendants are responsible for damage to their dairy herd based upon Navigation Law § 181 (1) and (5). Navigation...

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