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STEVENSON v. SARATOGA PERFORMING ARTS CTR., INC.

517156

115 A.D.3d 1086 (2014)

981 N.Y.S.2d 877

2014 NY Slip Op 1656

ROBERT L. STEVENSON et al., Respondents, v. SARATOGA PERFORMING ARTS CENTER, INC., Defendant, and AMERICAN CANCER SOCIETY, EASTERN DIVISION, INC., Appellant, and AMERICAN CONCERT & ENTERTAINMENT SERVICES, INC., Respondent. (And a Third-Party Action.)

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

Decided March 13, 2014.

McCarthy, J.

Appeal from an order of the Supreme Court (Crowell, J.), entered February 20, 2013 in Saratoga County, which denied a motion by defendant American Cancer Society, Eastern Division, Inc. for summary judgment dismissing the complaint and cross claim against it.

Defendant American Cancer Society, Eastern Division, Inc. (hereinafter ACS) entered into a contract with Mazzone Management, Inc. to hold a fundraising gala at the Hall of Springs in Saratoga...

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