GAMBINO v. HEREDIA


41 A.D.3d 536 (2007)

836 N.Y.S.2d 439

MATTHEW GAMBINO, Respondent, v. ROBERT HEREDIA, Appellant, et al., Defendant.

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

Decided June 12, 2007.


Ordered that the order modified, on the law, by deleting the provision thereof granting the plaintiff's cross motion for summary judgment on the issue of liability as to the defendant Robert Heredia and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.

There are issues of fact requiring the denial of summary judgment to both parties to...

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