Jones v. Town of Le Ray
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Jefferson County *1178(Hugh A. Gilbert, J.), entered February 16, 2005 in a personal injury and wrongful death action. The order granted defendant’s motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.
Memorandum: Supreme Court erred in entertaining defendant’s motion for summary judgment dismissing the complaint and in thereupon granting the motion. Pursuant to CPLR 3212 (a),…
2Cases cited2 opinions
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- Polhamus v. FoulkeAppellate Division of the Supreme Court of the State of New York · 2005
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