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PETERS v. RICE

2014-03442, Index No. 700440/11.

144 A.D.3d 777 (2016)

2016 NY Slip Op 07309

40 N.Y.S.3d 275

SEAN M. PETERS, Appellant, et al., Plaintiff, v. EUSTON A. RICE et al., Respondents, et al., Defendants.

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

Decided November 9, 2016.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants Euston A. Rice and Roger W. Hall which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Sean M. Peters against them is denied.

The defendants Euston A. Rice and Roger W. Hall (hereinafter together the respondents) failed to meet their prima facie burden...

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