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STOUT v. HEYER

40 A.D.3d 743 (2007)

836 N.Y.S.2d 212

TIMOTHY STOUT, Respondent, v. MICHAEL HEYER et al., Appellants, et al., Defendant.

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

Decided May 8, 2007.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Orange County, for a new determination of the appellants' motion; and it is further,

Ordered that any papers in opposition to the motion shall be served by the plaintiff no later than 20 days after service upon him of a copy of this decision and order.

The plaintiff allegedly was injured when he slipped and fell on a driveway owned by the appellants...

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