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BLAIR v. NEWSTEAD SNOWSEEKERS, INC.

2 A.D.3d 1286 (2003)

769 N.Y.S.2d 807

TERRY L. BLAIR, as Administratrix of the Estate of CHRISTOPHER BLAIR, Deceased, et al., Respondents, v. NEWSTEAD SNOWSEEKERS, INC., Doing Business as NORTHERN ERIE SNOWSEEKERS, et al., Defendants, and VILLAGE OF AKRON, Appellant, and NIAGARA MOHAWK POWER CORPORATION, Respondent.

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

December 31, 2003.

It is hereby ordered that the amended order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion of plaintiffs Anthony J. Falter, Jr. and Deborah Falter, reinstating the affirmative defense of General Obligations Law § 9-103, granting the cross motion of defendant Village of Akron and dismissing the complaints and the cross claims of defendant Niagara Mohawk Power Corporation against it and as modified the amended order...

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