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SIERK v. FRAZON

32 A.D.3d 1152 (2006)

820 N.Y.S.2d 829

STEVEN SIERK, Appellant, v. PETER F. FRAZON, JR., et al., Respondents. (Appeal No. 3.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 22, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in part the motion of defendants Capital Paving & Development, Inc. and Gordon Jaeckle, the cross motion of defendant M.P.J. Contracting, Inc. and the application of defendants Peter F. Frazon, Jr. and Sherri A. Beras and reinstating the negligence cause of action against them and as modified the order is...

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