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Hollingsworth v. Capan

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


April 24, 2009

JANET K. HOLLINGSWORTH, AS LIMITED ADMINISTRATRIX OF THE GOODS, CHATTELS AND CREDITS OF ROBERT J. HOLLINGSWORTH, DECEASED, PLAINTIFF-RESPONDENT,
v.
BRUCE CAPAN, MATCO TOOLS CORPORATION, DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered June 28, 2008 in a wrongful death action. The order denied the motion of defendants Bruce Capan and Matco Tools Corporation for summary judgment.

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., SMITH, FAHEY, CARNI, 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.

20090424

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