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State of New York v. Terry Kear

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


April 29, 2011

STATE OF NEW YORK,
PLAINTIFF-RESPONDENT,
v.
TERRY KEAR, JERRY MICHAEL KEAR, AS ADMINISTRATOR OF THE
ESTATE OF DONALD KEAR, DECEASED, SANDBURG OIL CO., INC.,
DEFENDANTS-RESPONDENTS,
AND
GRIFFITH OIL CO., INC.,
DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered March 18, 2010.

State of New York v Kear

Appellate Division, Fourth Department

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.

Decided on April 29, 2011

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GREEN, JJ.

The order denied the motion of defendant Griffith Oil Co., Inc. for summary judgment dismissing the complaint and cross claims against it.

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

Entered: April 29, 2011

Patricia L. Morgan Clerk of the Court

20110429

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