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Hay v. Jay

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


March 20, 2009

GERALD HAY AND CHRISTINE HAY, BOTH AS INDIVIDUALS AND AS PARENTS AND NATURAL GUARDIANS OF ROBIN HAY, AMANDA HAY, BARBARA HAY AND JOSHUA HAY, MINORS, PLAINTIFFS-APPELLANTS,
v.
GORDON JAY AND RAYMOND HENRY WIERZBIC, JR., INDIVIDUALLY AND DOING BUSINESS AS BEMUS CONSTRUCTION, DEFENDANTS-RESPONDENTS.

Appeal from an order the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered February 1, 2008 in an action for personal injury and property damage. The order granted the motions of defendants for summary judgment and dismissed the complaints.

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: CENTRA, J.P., PERADOTTO, CARNI, GREEN, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

20090320

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