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GONZALEZ v. POVOSKI

260 CA 16-01329.

149 A.D.3d 1472 (2017)

2017 NY Slip Op 03284

53 N.Y.S.3d 423

AIDEN GONZALEZ, by His Parent and Natural Guardian ELIZABETH SNOW, Individually, Respondents, v. TAMMY POVOSKI, Respondent, VILLAGE OF ADDISON, Appellant-Respondent, and CORNING NATIONAL GAS CORPORATION, Respondent-Appellant. CORNING NATURAL GAS CORPORATION, Sued Herein as CORNING NATIONAL GAS CORPORATION, Third-Party Plaintiff-Respondent-Appellant, v. SULLIVAN TRAIL CONSTRUCTION CO., INC., Third-Party Defendant-Respondent-Appellant.

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

Decided April 28, 2017.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the complaint and any cross claims against defendant Corning Natural Gas Corporation, sued herein as Corning National Gas Corporation, and by granting the cross motion of defendant Village of Addison insofar as it sought dismissal of the second cause of action against it, and as modified the order is affirmed without costs.

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