PLANK v. WATSON BOWMAN ACME CORPORATION


46 A.D.3d 1338 (2007)

849 N.Y.S.2d 148

W. ANDREW PLANK, Appellant-Respondent, v. WATSON BOWMAN ACME CORPORATION, Respondent-Appellant.

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

Decided December 21, 2007.


It is hereby ordered that the amended order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and dismissing the complaint and granting defendant partial summary judgment on liability on the counterclaim and as modified the amended order is affirmed without costs, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Plaintiff commenced this action...

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