Migonis v. Village of Hamilton

Appellate Division of the Supreme Court of New York

Migonis v. Village of Hamilton

190 A.D.2d 973, 594 N.Y.S.2d 659, 1993 N.Y. App. Div. LEXIS 1692

Appellate Division of the Supreme Court of the State of New York·Decided February 25, 1993·Published

Opinion

— Appeal from an order and judgment of the Supreme Court (Tait, Jr., J.), entered April 27, 1992 in Madison County, which granted defendants’ motion for summary judgment dismissing the complaint.

The circumstances in this action and the issues raised herein are identical to those found in Carhart v Village of Hamilton (190 AD2d 973 [decided herewith]). Consequently, we find our holding in Carhart to be determinative of this appeal.

Weiss, P. J., Yesawich Jr., Levine, Crew III and Mahoney, JJ., concur. Ordered that the order and judgment is modified, on the law, with costs to plaintiffs, by reversing so much thereof as dismissed those portions of the complaint which fall within the Statute of Limitations; motion denied to that extent; and, as so modified, affirmed.

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— Appeal from an order and judgment of the Supreme Court (Tait, Jr., J.), entered April 27, 1992 in Madison County, which granted defendants’ motion for summary judgment dismissing the complaint.

The circumstances in this action and the issues raised herein are identical to those found in Carhart v Village of Hamilton (190 AD2d 973 [decided herewith]). Consequently, we find our holding in Carhart to be determinative of this appeal.

Weiss, P. J., Yesawich Jr., Levine, Crew III and Mahoney, JJ., concur. Ordered that the order and judgment is modified, on the law, with costs to plaintiffs, by reversing so much thereof as dismissed those portions of the complaint which fall within the Statute of Limitations; motion denied to that extent; and, as so modified, affirmed.

Migonis v. Village of Hamilton, 190 A.D.2d 973, 594 N.Y.S.2d 659, 1993 N.Y. App. Div. LEXIS 1692 (N.Y. Ct. App. 1993).

Pincite

190 A.D.2d 973 (Migonis v. Village of Hamilton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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