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McCABE v. COMPETITION IMPORTS

192 Misc.2d 97 (2002)

745 N.Y.S.2d 677

JANET McCABE, as Administratrix of the Estate of THADDEUS BOYCE, Deceased, and as Guardian of the Person and Property of ALYSSA BOYCE et al., Plaintiff, v. COMPETITION IMPORTS, INC., Doing Business as COMPETITION BMW OF SMITHTOWN, et al., Defendants.

Supreme Court, Ulster County.

July 9, 2002.

Attorney(s) appearing for the Case

Galvano & Xanthakis, P.C., for defendants.

Steven M. Melley for plaintiff.

OPINION OF THE COURT

JOHN G. CONNOR, J.

Defendant Competition Imports, Inc., doing business as Competition BMW of Smithtown (Competition), seeks an order dismissing plaintiff's complaint and granting it summary judgment pursuant to CPLR 3212. The plaintiff opposes the motion and seeks by cross motion an order granting partial summary judgment on the issue of liability against both defendants. The defendant Melissa...

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