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HURLBURT v. NOBLE ENVTL. POWER, LLC

577 CA 14-01839

128 A.D.3d 1518 (2015)

9 N.Y.S.3d 509

2015 NY Slip Op 04002

WAYNE F. HURLBURT et al., Respondents, v. NOBLE ENVIRONMENTAL POWER, LLC, et al., Defendants, and FRANK MONTELEONE, Doing Business as FRANK MONTELEONE DUMP TRUCK & EXCAVATING, Appellant.

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

Decided May 8, 2015.

Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 24, 2013. The order, insofar as appealed from, denied the motion of defendant Frank Monteleone, doing business as Frank Monteleone Dump Truck & Excavating for summary judgment dismissing the complaint against him.

[Prior Case History: 2013 NY Slip Op 33193 (U).]

It is hereby ordered that the order insofar as appealed from is unanimously reversed...

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