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SABIA v. NIAGARA MOHAWK POWER CORPORATION

CA 11-00172.

87 A.D.3d 1291 (2011)

930 N.Y.S.2d 160

2011 NY Slip Op 6684

MARK V. SABIA, as Administrator of the Estate of MARIO V. SABIA, Deceased, Respondent, v. NIAGARA MOHAWK POWER CORPORATION, Doing Business as NATIONAL GRID, Defendant, and NORTHERN ERIE SNO-SEEKERS, INC., Appellant.

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

Decided September 30, 2011.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the cross motion for summary judgment dismissing the affirmative defense of defendant Northern Erie Sno-Seekers, Inc. pursuant to General Obligations Law § 9-103 and granting the motion of defendant Northern Erie Sno-Seekers, Inc. for summary judgment dismissing the complaint against it and as modified the order is affirmed without costs.

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