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RUDAT v. MARK COLF EXCAVATING CONTR., INC.

1109 CA 08-02053.

66 A.D.3d 1425 (2009)

885 N.Y.S.2d 692

2009 NY Slip Op 6989

PAUL RUDAT, Appellant, v. MARK COLF EXCAVATING CONTRACTING, INC., et al., Respondents.

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

Decided October 2, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained as the result of diving into a pond located on property owned by defendants James Rose and Maryann Rose and constructed by defendant Mark Colf Excavating Contracting, Inc. Supreme Court properly granted the respective motions of defendants for summary judgment dismissing the amended complaint...

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