KALOZ v. RISCO


120 Misc.2d 586 (1983)

Kimberly Kaloz, an Infant, by Her Parents and Natural Guardians, et al., Plaintiffs, v. Gerald L. Risco et al., Defendants.

Supreme Court, Orange County.

August 12, 1983


Attorney(s) appearing for the Case

Gurda, Gurda & Tatz for plaintiffs. Levinson, Jenkins & Karger for Swim and Play Company, defendant. Mead, Dore & Voute, P. C., for West Rock Industries, Inc., defendant. Gerald E. McCloskey for Gerald L. Risco and another, defendants.


ANTHONY J. FERRARO, J.

Plaintiffs make this application to vacate a decision, order and judgment of this court and for reargument and renewal of the motion for summary judgment granted in favor of defendant Swim and Play Company.

Upon the original application the only opposition was an affidavit of plaintiffs' attorney which failed to set forth evidentiary facts to sustain a cause of action. (Freedman v Chemical Constr. Corp.,

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