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LEMIEUX v. HORN

No. 44 SSM 1.

39 N.Y.3d 1108 (2023)

207 N.E.3d 565

186 N.Y.S.3d 599

2023 NY Slip Op 01354

DAVID J. LEMIEUX, Appellant, v. ALTON E. HORN et al., Respondents.

Court of Appeals of New York.

Decided March 16, 2023.

Attorney(s) appearing for the Case

Edelman, Krasin & Jaye, PLLC, Westbury ( Aaron D. Fine of counsel), for appellant.

Smith Sovik, Syracuse ( James W. Cunningham and Davis M. Katz of counsel), for respondents.

OPINION OF THE COURT

APPEAL from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered October 13, 2022. The Appellate Division, with two Justices dissenting, affirmed (1) an order of the Supreme Court, Broome County (Jeffrey A. Tait, J.), entered June 29, 2021, which had granted (a) plaintiff's motion for partial summary judgment establishing the negligence of defendants, and (b) defendants' cross-motion for summary judgment...

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