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Marleane E. Buholtz, as administratrix of the estate of Richard Buholtz, deceased v. County of Wayne, and Town of Ontario, (action no. 1.). Judith M. Caruana, as administratrix of the estate of Kristen M. Caruana, deceased v. County o

Date: 05-10-1999

Case Number: Unknown1/10/00

Judge: Kehoe

Court: Supreme Court, Wayne County, New York

Plaintiff's Attorney: Norman A. Palmiere, Rochester, New York, and Samuel B. Dattilo, Penfield, New York, for Caruana; and William Andrews, of Andrews & Ransford, Syracuse, New York, for Stevens and Hardware, Inc.; and Burke, Grossman, Valenti & Rezepka, Rochester, New York, for Hardware Inc. and Shears.

Defendant's Attorney: James Reed, Jr., of Osborn, Reed & Burke, Rochester, New York, for County of Wayne; and Michael R. Vaccaro, East Syracuse, New York, for Town of Ontario; and Edward Case, of Nixon, Hargrave & Devans, Rochester, New York, for Rochester Gas & Electric.

Description:

The complaints and cross claims in these five consolidated actions sought recovery for personal injuries, wrongful death, and/or property damage arising out of a January 2, 1992 explosion and fire stemming from a leak in an underground gas line maintained by Rochester Gas & Electric Corporation, a defendant in three of the actions. It was not disputed that the leak in the gas line was caused by the erosion of the soil beneath it, which was caused in turn by leakage from a nearby storm drain pipe.

Outcome:

The Wayne County Supreme Court denied motion for summary judgment made by Wayne County.

Plaintiff's Experts:

Unknown

Defendant's Experts:

Unknown

Comments:

County appealed. The Appellate Division of the Supreme Court of the State of New York, Fourth Department, ruled that the Supreme Court properly denied the County's motion for summary judgment. See: 685 N.Y.S.2nd 372 [A.D.4 Dept.1999]. The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.

About This Case

What was the outcome of Marleane E. Buholtz, as administratrix of the estate of R...?

The outcome was: The Wayne County Supreme Court denied motion for summary judgment made by Wayne County.

Which court heard Marleane E. Buholtz, as administratrix of the estate of R...?

This case was heard in Supreme Court, Wayne County, New York, NY. The presiding judge was Kehoe.

Who were the attorneys in Marleane E. Buholtz, as administratrix of the estate of R...?

Plaintiff's attorney: Norman A. Palmiere, Rochester, New York, and Samuel B. Dattilo, Penfield, New York, for Caruana; and William Andrews, of Andrews & Ransford, Syracuse, New York, for Stevens and Hardware, Inc.; and Burke, Grossman, Valenti & Rezepka, Rochester, New York, for Hardware Inc. and Shears.. Defendant's attorney: James Reed, Jr., of Osborn, Reed & Burke, Rochester, New York, for County of Wayne; and Michael R. Vaccaro, East Syracuse, New York, for Town of Ontario; and Edward Case, of Nixon, Hargrave & Devans, Rochester, New York, for Rochester Gas & Electric..

When was Marleane E. Buholtz, as administratrix of the estate of R... decided?

This case was decided on May 10, 1999.