VARON v. TOWN OF OYSTER BAY


8 A.D.3d 365 (2004)

778 N.Y.S.2d 75

LUCILLE P. VARON et al., Respondents, v. TOWN OF OYSTER BAY, Respondent-Appellant, and RESIDENTIAL FENCES CORP., Appellant-Respondent.

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

June 7, 2004.


Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion of the defendant Residential Fences Corp. for summary judgment and substituting therefor a provision granting that motion; as so modified, the order is affirmed, without costs or disbursements, the complaint and all cross claims insofar as asserted against that defendant are dismissed and the action against the remaining defendant is severed.

The plaintiff Lucille...

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