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CAPELES v. CROUSE-HINDS FOUNDATION, INC.

292 A.D.2d 829 (2002)

738 N.Y.S.2d 807

DYLAN M. CAPELES, an Infant, by His Mother and Natural Guardian, DANA CAPELES, et al., Respondents, v. CROUSE-HINDS FOUNDATION, INC., et al., Defendants, and BOYLE FENCE CO., INC., Appellant.

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

Decided March 15, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of defendant Boyle Fence Co., Inc. (Boyle) seeking summary judgment dismissing the amended complaint against it. Plaintiffs allege that Boyle contracted with defendant Crouse-Hinds Foundation, Inc. (Crouse-Hinds) to furnish and install a fence and sliding gates around a parking lot it owned...

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