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WILLIAMS v. BEEMILLER, INC.

Motion No. (938/12) CA 11-02092.

103 A.D.3d 1191 (2013)

962 N.Y.S.2d 834

2013 NY Slip Op 670

DANIEL WILLIAMS et al., Appellants, v. BEEMILLER, INC., Doing Business as Hi-POINT, et al., Respondents, et al., Defendants. (Appeal No. 1.)

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

February 1, 2013.

Motion for reargument is granted in part and, upon reargument, the opinion and order entered October 5, 2012 (100 A.D.3d 143 [2012]) is amended by adding the following section after section III:

IV

We reject the alternative contention of MKS in support of affirmance that plaintiffs failed to state a cause of action for common-law negligence or public nuisance under New York law (see generally Parochial Bus Sys. v Board...

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