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CARREA & SONS, INC. v. ELIZABETH HEMMERDINGER

CV12-150

42 Misc.3d 791 (2013)

980 N.Y.S.2d 241

2013 NY Slip Op 23448

CARREA & SONS, INC., Plaintiff, v. ELIZABETH HEMMERDINGER et al., Defendants.

City Court of Rye.

November 25, 2013.

Attorney(s) appearing for the Case

Adam Leitman & Bailey, PC., New York City ( Colin Kaufman of counsel), for defendants. Stanley E. Esposito , Pleasantville, for plaintiff.

OPINION OF THE COURT

JOSEPH L. LATWIN, J.

This is an action for work, labor, services and materials supplied by plaintiff to defendants in connection with the removal and repaving of a driveway on defendants' property located within the City of Rye. The court began a trial, but it soon became evident that there was an overriding dispositive legal issue that could resolve the case. Defendants, having raised the issue in their trial memorandum, then orally...

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