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HENDRYX v. PAYNE

1438 CA 12-01105.

103 A.D.3d 1163 (2013)

958 N.Y.S.2d 842

2013 NY Slip Op 632

LEE T. HENDRYX et al., Respondents, v. RICHARD M. PAYNE et al., Appellants, et al., Defendant. RICHARD M. PAYNE et al., Third-Party Plaintiffs-Respondents, v. MARK NOLAN, Third-Party Defendant-Appellant.

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

February 1, 2013.

Appeal and cross appeal from an order of the Supreme Court, Cattaraugus County (Gerald J. Whalen, J.), entered December 22, 2011. The order, among other things, denied in part the motion of defendants and third-party plaintiffs Richard M. Payne and Suzanne Payne for summary judgment dismissing the amended complaint against them and denied the cross motion of defendant and third-party defendant, Mark Nolan, for summary judgment...

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