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BUHOLTZ v. COUNTY OF WAYNE

258 A.D.2d 889 (1999)

685 N.Y.S.2d 372

MARLENE E. BUHOLTZ, as Administratrix of the Estate of RICHARD BUHOLTZ, Deceased, Respondent, v. COUNTY OF WAYNE, Appellant, and TOWN OF ONTARIO, Respondent. (Action No. 1.) JUDITH M. CARUANA, as Administratrix of the Estate of KRISTEN M. CARUANA, Deceased, Respondent, v. COUNTY OF WAYNE, Appellant, and TOWN OF ONTARIO, Respondent. (Action No. 2.) LORETTA STEVENS, Respondent, v. TOWN OF ONTARIO et al., Respondents, and WAYNE COUNTY, Appellant. (Action No. 3.) MARK STEVENS et al., Respondents, v. TOWN OF ONTARIO et al., Respondents, and WAYNE COUNTY, Appellant. (Appeal No. 4.) DJ SHEARS ENTERPRISES, INC., et al., Respondents, v. TOWN OF ONTARIO et al., Respondents, and WAYNE COUNTY, Appellant. (Action No. 5.)

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

Decided February 10, 1999.

Order unanimously affirmed with costs.

Memorandum:

Defendant County of Wayne (County) appeals from an order denying its motion for summary judgment dismissing the complaints and cross claims in these five consolidated actions. The actions seek recovery for personal injuries, wrongful death, and/or property damage arising out of a January 2, 1992 explosion and fire stemming from a leak in an underground gas line maintained by Rochester Gas & Electric Corporation...

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