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PRESS v. LOZIER, INC.

178 Misc.2d 883 (1998)

684 N.Y.S.2d 407

Elliott H. Press, Individually and Doing Business as Westfall Development Company, et al., Plaintiffs, v. Lozier, Inc., et al., Defendants.

Supreme Court, Monroe County.

October 26, 1998

Attorney(s) appearing for the Case

Fix, Spindelman, Brovitz, Turk, Himelein & Shukoff, Rochester (Norman M. Spindelman of counsel), for Town of Brighton, defendant. Ernstrom & Dreste, L. L. P., Rochester (Martha A. Connolly of counsel), for plaintiffs.

THOMAS A. STANDER, J.

The defendant, Town of Brighton (Town), seeks summary judgment dismissing the complaint of the plaintiffs, Elliott H. Press, individually and doing business as Westfall Development Company, and 1200 Scottsville Road Development, Inc. (hereinafter collectively referred to as Press), on the grounds that no special duty existed between the Town and Press and that the Town was acting in a...

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