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REITZ v. SEAGATE TRUCKING, INC.

2008-09443, 2009-01032.

71 A.D.3d 975 (2010)

898 N.Y.S.2d 173

WILLIAM REITZ, Plaintiff/Counterclaim Defendant-Respondent, and LOIS REITZ, Respondent, v. SEAGATE TRUCKING, INC., et al., Defendants/Counterclaim Plaintiffs-Appellants.

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

Decided March 23, 2010.

Ordered that the order dated August 4, 2008, is reversed insofar as appealed from, on the law, without costs or disbursements, the plaintiffs' motion for summary judgment on the issue of liability and the plaintiff/counterclaim defendant's motion for summary judgment dismissing the counterclaim are denied; and it is further,

Ordered that the order dated December 4, 2008, is affirmed, without costs or disbursements.

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