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ROGALA v. VAN BOURGONDIEN

263 A.D.2d 535 (1999)

693 N.Y.S.2d 204

ROMAN ROGALA et al., Appellants, v. CASPAR VAN BOURGONDIEN, Defendant and Third-Party Plaintiff-Appellant. COLISEUM MOTOR INN, Third-Party Defendant-Respondent.

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

Decided July 26, 1999.

Ordered that the order and judgment entered September 21, 1998, is affirmed insofar as appealed from by the plaintiffs; and it is further,

Ordered that the appeal by the defendant Caspar Van Bourgondien is dismissed as academic; and it is further,

Ordered that the defendant Caspar Van Bourgondien, as executor of the estate of Ethel Van Bourgondien, is awarded one bill of costs payable by the plaintiffs.

The plaintiff Roman Rogala fell from a ladder...

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