Phillips v. Town of Wayland

156 A.D.2d 1000 Court N.Y. App. Div. Decision date 1989-12-20 Docket Appeal No. 3 English

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Robert A. Phillips, Respondent, v Town of Wayland, Appellant, et al., Defendants.

(Appeal No. 3.)

Order unanimously reversed on the law without costs and motion granted. Same memorandum as in Phillips v Baird ([appeal No. 1] 156 AD2d 998 [decided herewith]). (Appeal from order of Supreme Court, Steuben County, Finnerty, J. — summary judgment.) Present — Callahan, J. P., Denman, Pine, Balio and Davis, JJ.