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MILCZARSKI v. WALASZEK

655 CA 12-01323.

108 A.D.3d 1189 (2013)

968 N.Y.S.2d 921

2013 NY Slip Op 5389

CHRISTOPHER A. MILCZARSKI, as Administrator of the Estate of MARK A. MILCZARSKI, Deceased, Respondent, v. MICHAEL K. WALASZEK et al., Appellants, et al., Defendants. (Appeal No. 1.)

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

Decided July 19, 2013.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered October 26, 2011. The order, insofar as appealed from, denied the motion of defendants Michael K. Walaszek and K.W. Auto & Sales Inc., for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 A.D.2d 985...

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