STACH v. TOWN OF NEW WINDSOR


12 A.D.3d 360 (2004)

783 N.Y.S.2d 311

KELLY ANN STACH et al., Appellants, v. TOWN OF NEW WINDSOR, Respondent.

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

November 1, 2004.


Ordered that the appeal from the order dated April 14, 2003, is dismissed, as that order was superseded by the order dated July 17, 2003, made upon reargument; and it is further,

Ordered that the order dated July 17, 2003, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendant.

In opposition to the defendant's prima facie showing of entitlement to judgment as a matter of law, the plaintiffs...

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