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  5. 58 N.Y.2d 963 (1983)
 

MISKIEWICZ v. HARTLEY REST. CORP.

58 N.Y.2d 963 (1983)

Michael Miskiewicz, as Father and Natural Guardian of Robert Miskiewicz, an Infant, et al., Appellants, v. Hartley Restaurant Corp. et al., Defendants, and Michael Grammas et al., Respondents.

Court of Appeals of the State of New York.

Decided February 23, 1983.

Attorney(s) appearing for the Case

Kenneth R. Larywon and Timothy J. McGinn for appellants.

Alvin P. Bluthman and Nathan Cyperstein for Michael Grammas and another, respondents.

Lawrence H. Reid, Jr., for Village of Valley Stream, precluded.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the case remitted to the Appellate Division, Second Department, for further proceedings with respect to the individual respondents, and the order of Supreme Court, Nassau County, insofar as it denied the motions to dismiss the complaint as to respondent Village of Valley Stream reinstated.

Defendants moved pursuant to CPLR 3216 to dismiss...

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