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BISSELL v. TOWN OF AMHERST

6 A.D.3d 1229 (2004)

775 N.Y.S.2d 730

PETER E. BISSELL et al., Respondents-Appellants, v. TOWN OF AMHERST, Appellant-Respondent. (Appeal No. 1.)

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

April 30, 2004.

It is hereby ordered that said cross appeal be and the same hereby is unanimously dismissed (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 A.D.2d 985 [1990]) and the order is modified on the law by granting the cross motion in part and dismissing the Labor Law § 200 claim and as modified the order is affirmed without costs.

Memorandum:

In appeal No. 1, Supreme Court properly denied that part of defendant...

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