SCHNELL v. FITZGERALD

2011-02137.

95 A.D.3d 1295 (2012)

945 N.Y.S.2d 390

2012 NY Slip Op 4147

WILLIAM M. SCHNELL, Appellant, v. NANCY FITZGERALD, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 30, 2012.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's assertions on appeal, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The plaintiff asserted three causes of action. The first cause of action, which expressly alleged common-law negligence, and the second cause of action, which alleged a violation of General Obligations Law § 11-106, were duplicative, as...

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