Appellate Division of the Supreme Court of the State of New York April 29, 2011, CA 10-02274 (SMITH, JOHN F. v. REILLY, MARIJANE)

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United States · · · 29-04-2011

Scudder, P.J., and Smith, J. (dissenting).

We respectfully dissent inasmuch as we conclude that Supreme Court erred in denying defendant’s motion seeking summary judgment dismissing the complaint.

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