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PAYNE v. MURRAY

2018-03381. Index No. 2146/07.

198 A.D.3d 795 (2021)

152 N.Y.S.3d 627

2021 NY Slip Op 05576

Stepp Payne et al., Appellants, v. George Alfred Murray et al., Defendants, and Keyspan Energy Delivery et al., Respondents.

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

Decided October 13, 2021.

Attorney(s) appearing for the Case

Antin, Ehrlich & Epstein, LLP ( Anthony V. Gentile , Scott W. Epstein , and Pollack Pollack Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac ], of counsel), for appellants.

Hammill, O'Brien, Croutier, Dempsey, Pender & Koehler, P.C., Syosset, NY ( Anton Piotroski of counsel), for respondent Keyspan Energy Delivery.

Baxter, Smith & Shapiro, P.C., Hicksville, NY ( Tod S. Fichtelberg of counsel), for respondent Harris Water Main and Sewer Contractors.

Austin, J.P., Hinds-Radix, Barros and Genovesi, JJ., concur.

Ordered that the order is reversed, on the law, with one bill of costs, and the separate motions of the defendant Keyspan Energy Delivery and the defendant Harris Water Main and Sewer Contractors for summary judgment dismissing the complaint insofar as asserted against each of them are denied.

On April 18, 2004, the plaintiff Stepp Payne (hereinafter the plaintiff) allegedly was injured when a piece of the facade of a brownstone...

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