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NEW YORK MUNICIPAL INSURANCE RECIPROCAL v. CASELLA CONSTRUCTION, INC.

399 CA 12-02094.

105 A.D.3d 1440 (2013)

964 N.Y.S.2d 370

2013 NY Slip Op 2941

NEW YORK MUNICIPAL INSURANCE RECIPROCAL, as Subrogor of County of Oswego, Appellant, v. CASELLA CONSTRUCTION, INC., Respondent.

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

Decided April 26, 2013.

Appeal from an order of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered April 9, 2012. The order granted defendant's motion for summary judgment dismissing plaintiff's complaint.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff, as subrogor of the County of Oswego...

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