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YANSAK v. BLACKBURN GROUP

8 Misc.3d 460 (2004)

793 N.Y.S.2d 698

JOANN YANSAK et al., Plaintiffs, v. BLACKBURN GROUP, INC., et al., Defendants.

Supreme Court, Schenectady County.

December 23, 2004.

Attorney(s) appearing for the Case

Phelan, Burke & Scolamiero, LLP, Albany (Peter M. Scolamiero of counsel), for Melvin Blay and another, defendants.

Cooper, Erving & Savage, LLP, Albany (David C. Rowley of counsel), for Blackburn Group, Inc. and others, defendants.

Buckley, Mendelson & Criscione, P.C., Schenectady (John J. Criscione of counsel), for plaintiffs.

OPINION OF THE COURT

RICHARD C. GIARDINO, J.

This matter comes before the court on a series of motions, starting with the motion of defendant Melvin Blay, individually and doing business as Blay's Landscaping and Excavating, seeking summary judgment dismissing the complaint and dismissing all of his codefendants' cross claims. Defendant Rotterdam Square, L.P. cross-moves seeking summary judgment on its cross claim against Blay. Defendants Blackburn Group...

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