Civil Procedure · MBE-tested
John C. Nelson, Jr., et al., Plaintiffs, v. Richard G. Garcia et al., Appellants and Third-Party Plaintiffs-Appellants, and Town of Holland, Respondent, et al., Defendants, et al., Third-Party Defendants. (And Three Other Actions And Third-Party Actions.)
155 A.D.2d 975·New York Supreme Court, Appellate Division·1989·NY
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Opinion
John C. Nelson, Jr., et al., Plaintiffs, v Richard G. Garcia et al., Appellants and Third-Party Plaintiffs-Appellants, and Town of Holland, Respondent, et al., Defendants, et al., Third-Party Defendants. (And Three Other Actions And Third-Party Actions.)
(Appeal No. 10.)
[MAJORITY]
— Judgment unanimously affirmed without costs. Same opinion by Denman, J., as in Nelson v Garcia ([appeal No. 2] 152 AD2d 22 [decided herewith]). (Appeal from judgment of Supreme Court, Erie County, Rath, J. — summary judgment.) Present — Callahan, J. P., Denman, Boomer, Balio and Lawton, JJ.