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Ayres v. Town of Monroe

Appellate Division of the Supreme Court of New York, Third Department
Jan 3, 1991
169 A.D.2d 876 (N.Y. App. Div. 1991)

Opinion

January 3, 1991

Appeal from the Supreme Court, Orange County (Hickman, J.).


Plaintiffs' assertions in opposition to the motion for summary judgment were sufficient to raise questions of fact as to whether the excavation work of defendant Joseph Tortoriello at the site of the accident took place before or after the accident occurred (see, Bershaw v Altman, 100 A.D.2d 642). Therefore, Supreme Court's denial of Tortoriello's motion for summary judgment was in all respects proper. Tortoriello's remaining contentions have been considered and found to be without merit.

Order affirmed, without costs. Mahoney, P.J., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.


Summaries of

Ayres v. Town of Monroe

Appellate Division of the Supreme Court of New York, Third Department
Jan 3, 1991
169 A.D.2d 876 (N.Y. App. Div. 1991)
Case details for

Ayres v. Town of Monroe

Case Details

Full title:WILLIAM C. AYRES et al., Respondents, v. TOWN OF MONROE et al.…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 3, 1991

Citations

169 A.D.2d 876 (N.Y. App. Div. 1991)
564 N.Y.S.2d 605