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Bigelow v. Zielinski

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


December 30, 2009

DANIEL D. BIGELOW, AS EXECUTOR OF TENNY C. BIGELOW, DECEASED, AND AS ADMINISTRATOR C.T.A. OF THE ESTATE OF DOUGLAS L. BIGELOW, DECEASED, RESPONDENT,
v.
RACHEL L. ZIELINSKI ET AL., APPELLANTS. (APPEAL NO. 3.)

Appeal from an order of the Supreme Court, Chautauqua County (John T. Ward, A.J.), entered September 19, 2008 in a wrongful death action. The order granted plaintiff's motion for partial summary judgment on liability.

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

As corrected through Wednesday, February 10, 2010

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is denied.

Same memorandum as in Testerman v Zielinski (68 AD3d 1751 [2009]).

Present---Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.

20091230

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