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MASON v. VILLAGE OF NEWARK

856 CA 13-00357

110 A.D.3d 1438 (2013)

972 N.Y.S.2d 759

2013 NY Slip Op 6449

EUGENE F. MASON et al., Appellants, v. VILLAGE OF NEWARK, Respondent.

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

Decided October 4, 2013.

Appeal from a judgment and order (one paper) of the Supreme Court, Wayne County (John J. Ark, J.), entered May 8, 2012. The judgment and order granted the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the judgment and order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the complaint insofar as it alleges that defendant was...

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