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DOERR v. GOLDSMITH

Nos. 17, 66

25 N.Y.3d 1114 (2015)

35 N.E.3d 796

14 N.Y.S.3d 726

2015 NY Slip Op 04752

WOLFGANG DOERR, Respondent, v. DANIEL GOLDSMITH, Defendant, and JULIE SMITH, Appellant. CHERYL DOBINSKI, Appellant, v. GEORGE O. LOCKHART et al., Respondents.

Court of Appeals of New York.

Decided June 9, 2015.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York City ( Scott T. Horn , and Naomi M. Taub of counsel), for appellant.

Gregory W. Bagen , Brewster ( Dara Warren , of counsel), for respondent.

Dennis J. Bischof, LLC, Williamsville ( Dennis J. Bischof , of counsel), for appellant.

Walsh, Roberts & Grace, Buffalo ( Mark P. Della Posta and Joseph H. Emminger, Jr. , of counsel), for respondents.

Chief Judge LIPPMAN and Judges READ, RIVERA, ABDUSSALAAM and STEIN concur, Judge ABDUS-SALAAM in a concurring opinion in which Judges READ and STEIN concur, and Chief Judge LIPPMAN in a separate concurring opinion. Judge FAHEY dissents in an opinion in which Judge PIGOTT concurs.

OPINION OF THE COURT

MEMORANDUM.

In Doerr v Goldsmith, the order of the Appellate Division should be reversed, with costs, defendant Smith's motion for summary judgment dismissing the complaint granted and the certified question answered in the negative. In Dobinski v Lockhart, the order of the Appellate Division should be affirmed, with costs.

Under the circumstances of these cases...

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