GAFFEY v. NELSON


309 A.D.2d 1220 (2003)

765 N.Y.S.2d 306

REBECCA GAFFEY, Respondent, v. HAROLD NELSON, Appellant.

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

Decided October 2, 2003.


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

Memorandum:

We affirm for reasons stated in the decision at Supreme Court, Oswego County (McCarthy, J.). We add only that the evidence submitted on the motion to dismiss does not conclusively establish that Buckley v National Frgt. (90 N.Y.2d 210 [1997]) is applicable under the facts of this case and...

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