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ADIRONDACK PARK AGENCY v. BUCCI

2 A.D.3d 1293 (2003)

770 N.Y.S.2d 550

ADIRONDACK PARK AGENCY, Appellant-Respondent, v. JOHN A. BUCCI et al., Respondents, Estate of WILLIAM P. BLACKMON, Deceased, Respondent-Appellant, and MARYLEE ARMOUR, Intervenor-Defendant-Respondent.

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

December 31, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted in part, the affirmative defenses are dismissed, the cross motion is denied, and the matter is remitted to Supreme Court, Herkimer County, for further proceedings in accordance with the following memorandum: These three related lawsuits arise out of the construction of a gravel driveway...

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