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Daniel D. Bigelow, As Executor of the Estate v. Rachel L. Zielinski and Pisa Electrical

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


December 30, 2009

DANIEL D. BIGELOW, AS EXECUTOR OF THE ESTATE OF TENNY C. BIGELOW, DECEASED,
AND DANIEL D. BIGELOW, AS ADMINISTRATOR C.T.A. OF THE ESTATE OF DOUGLAS L. BIGELOW, DECEASED, PLAINTIFF-RESPONDENT,
v.
RACHEL L. ZIELINSKI AND PISA ELECTRICAL CONSTRUCTION & MANUFACTURING, INC., DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Chautauqua County (John T. Ward, A.J.), entered September 19, 2008 in a wrongful death action.

1555

PRESENT: HURLBUTT, J.P., SMITH, CENTRA, GREEN, AND PINE, JJ.

MEMORANDUM AND ORDER

(APPEAL NO. 3.)

The order granted plaintiff's motion for partial summary judgment on liability.

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 ([appeal No. 1] ___ AD3d ___ [Dec. 30, 2009]).

Patricia L. Morgan Clerk of the Court

20091230

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