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LOPEZ v. GATES

258 A.D.2d 961 (1999)

685 N.Y.S.2d 507

BEDUINA LOPEZ, as Administratrix of the Estate of CARLOS M. R. CRUZ, Also Known as CARLOS M. C. RIVERA, Deceased, Plaintiff, v. TOWN OF GATES et al., Defendants. (Action No. 1.) BEDUINA LOPEZ, as Administratrix of the Estate of CARLOS M. R. CRUZ, Also Known as CARLOS M. C. RIVERA, Deceased, Respondent, v. JOHN DOE, as Executor of JOHNNY L. SANCHEZ, Deceased, Defendant, and HERIBERTO RIVERA, Appellant. (Action No. 2.) WILLIAM E. PUGH et al., Respondents, v. TOWN OF GATES et al., Defendants, and HERIBERTO RIVERA, Appellant. (Action No. 3.)

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

Decided February 10, 1999.

Order insofar as appealed from unanimously reversed on the law with costs and motion denied in part in accordance with the following Memorandum: Supreme Court erred in granting plaintiffs' motion insofar as it sought dismissal of the third affirmative defense in action No. 2 and the first affirmative defense in action No. 3 and partial summary judgment on liability against defendant Heriberto Rivera. Evidence submitted by Rivera, which may be excludable at trial under the...

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