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LeFEVRE v. STATE OF NY

176 Misc.2d 666 (1998)

673 N.Y.S.2d 855

Marian L. LeFevre et al., Claimants, v. State of New York, Defendant. (Claim No. 89951.)

Court of Claims.

April 15, 1998.

Attorney(s) appearing for the Case

James P. O'Connor and Rowley, Forrest, O'Donnell & Beaumont, P. C. (Thomas J. Forrest of counsel), for defendant. Richard G. Vogt, P. C. (Richard G. Vogt of counsel), for claimants.

FRANCIS T. COLLINS, J.

The motion of the defendant* for an order pursuant to CPLR 3212 granting it summary judgment dismissing the claim for lack of merit based upon the application of General Obligations Law § 15-108 (c) is denied and claimants are granted summary judgment dismissing the second affirmative defense set forth in the amended answer (CPLR 3212 [b]). The motion...

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