Appellate Division of the Supreme Court of New York, 1995

D'Onofrio v. Boehlert

Appellate Division of the Supreme Court of New York · Decided November 15, 1995

221 A.D.2d 929; 635 N.Y.S.2d 397

Opinion of the Court

—Order unanimously reversed on the law without costs, *930motions denied and complaint reinstated. Same Memorandum as in D’Onofrio v Boehlert (221 AD2d 929 [decided herewith]). (Appeal from Order of Supreme Court, Oneida County, Tenney, J.—Summary Judgment.) Present—Denman, P. J., Law-ton, Fallon, Balio and Boehm, JJ.

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