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MILCZARSKI v. WALASZEK

656 CA 12-02134.

108 A.D.3d 1190 (2013)

969 N.Y.S.2d 685

2013 NY Slip Op 5390

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. 2.)

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 November 15, 2012. The order granted the motion of defendants Michael K. Walaszek and K.W. Auto & Sales Inc., for leave to renew, and upon renewal, denied their motion for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting in part the motion of defendants Michael K. Walaszek and K.W. Auto &...

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