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STANTON v. POMFREY

266 A.D.2d 816 (1999)

698 N.Y.S.2d 184

SHY STANTON et al., Appellants, v. ROBERT POMFREY, Respondent.

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

Decided November 12, 1999.

Order affirmed without costs for reasons stated in decision at Supreme Court, Hurlbutt, J.

All concur except Hayes and Balio, JJ., who dissent and vote to reverse in the following Memorandum.

Hayes and Balio, JJ. (dissenting).

We respectfully dissent. Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. While repaving the driveway of defendant's home, Shy Stanton...

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