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WILLIAMS, JR. v. NORTHRUP

270 A.D.2d 806 (2000)

705 N.Y.S.2d 756

DONALD G. WILLIAMS, JR., Appellant, et al., Plaintiff, v. JAMES NORTHRUP et al., Respondents, et al., Defendant. RONALD SAMSEL et al., Third-Party Plaintiffs, v. NORTHRUP CONCRETE, INC., Third-Party Defendant-Respondent.

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

Decided March 29, 2000.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

Supreme Court erred in granting the motion of defendants Ronald Samsel, Ronald Samsel, doing business as Ronald Samsel, P.E. (collectively Samsel), and Donald J. Schmidt for summary judgment dismissing the complaint against them. The affidavit of the expert of Donald G. Williams, Jr. (plaintiff) at least arguably raises a triable issue of fact...

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