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LYNCH v. WATERS

1444 CA 10-00947.

79 A.D.3d 1709 (2010)

914 N.Y.S.2d 820

DONNA PRINCE LYNCH, Individually and as Parent and Natural Guardian of PHILIP LAWRENCE LYNCH, and as Administratrix of the Estate of TIMOTHY JOHN LYNCH, Deceased, Respondent-Appellant, v. MIKE WATERS, as Fire Coordinator of County of Onondaga, et al., Appellants-Respondents/Third-Party Plaintiffs-Appellants. THE POMPEY HILL FIRE DISTRICT et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant. (Appeal No. 2.)

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

Decided December 30, 2010.

It is hereby ordered that the amended order so appealed from is modified on the law by denying the motion of third-party defendants the Pompey Hill Fire District, the Pompey Hill Fire Department, Richard Abbott, in his Official Capacity as an Assistant Chief of the Pompey Hill Fire Department and Mark Kovalewski, in his Official Capacity as an Assistant Chief of the Pompey Hill Fire Department and the motion of third-party defendants the Village of Manlius and the Manlius...

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