Wiegand v. Schunck
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal from an order and judgment (one document) of Supreme Court, Onondaga County (McCarthy, J.), entered April 2, 2001, which denied the motion of defendant for summary judgment and granted the cross motion of plaintiff for partial summary judgment.
It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted, the complaint is dismissed and the cross motion is denied.
Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. Defendant…
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