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Lomedico v. Cassillo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 21, 2008

MARIO LOMEDICO AND SHARON LOMEDICO, INDIVIDUALLY AND AS NATURAL PARENTS AND GUARDIANS OF MARC LOMEDICO, AN INFANT OVER THE AGE OF FOURTEEN (14) YEARS, PLAINTIFFS-APPELLANTS,
v.
JOSEPH CASSILLO, ET AL., DEFENDANTS, HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND WIDEWATERS HERKIMER COMPANY, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered August 20, 2007 in a personal injury action. The order granted the motion of defendants Herkimer County Industrial Development Agency and Widewaters Herkimer Company, LLC for summary judgment dismissing the complaint against them.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., MARTOCHE, LUNN, PERADOTTO, AND GREEN, JJ.

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

Same Memorandum as in Lomedico v Cassillo ([appeal No. 1] ___ AD3d ___ [Nov. 21, 2008]).

20081121

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