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BUSH v. BLANKENHEIM

254 A.D.2d 736 (1998)

678 N.Y.S.2d 427

David L. Bush et al., Doing Business as Bush & Sons, Respondents, v. Michael M. Blankenheim et al., Respondents, and Charles J. McKay, Jr., et al., Appellants, et al., Defendants. (Appeal No. 1.)

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

October 2, 1998

Order unanimously reversed on the law without costs, motion granted and complaint and cross claims against defendants Charles J. McKay, Jr., and AIM Leasing Company dismissed.

Memorandum:

Supreme Court erred in denying the motions of defendants Michael K. Smith and Safety Kleen Corp. (Safety Kleen) and Charles J. McKay, Jr., and AIM Leasing Company (AIM Leasing) and the cross motion of defendant Robert E. Seaberg for summary judgment dismissing the complaint...

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