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SCHMIDT v. GUENTHER

1436 CA 12-01100.

103 A.D.3d 1162 (2013)

958 N.Y.S.2d 844

2013 NY Slip Op 631

JESSICA M. SCHMIDT, Respondent, v. TINA M. GUENTHER, Respondent, and MARK BESECKER, Appellant, et al., Defendants.

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

February 1, 2013.

Appeal from an order of the Supreme Court, Niagara County (Catherine R. Nugent Panepinto, J.), entered May 9, 2012 in a personal injury action. The order denied the motion of defendant Mark Besecker for summary judgment dismissing the complaint and all cross claims against him.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the complaint and all cross claims against defendant Mark Besecker...

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