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CARYL S. v. CHILD TREATMENT

161 Misc.2d 563 (1994)

614 N.Y.S.2d 661

Caryl S. et al., Plaintiffs, v. Child & Adolescent Treatment Services, Inc., et al., Defendants.

Supreme Court, Erie County.

May 10, 1994

Attorney(s) appearing for the Case

Saperston & Day, P. C. (Linda C. Laing of counsel), for defendants. Birzon & Zakia, P. C. (Paul I. Birzon of counsel), for plaintiffs.

BARBARA HOWE, J.

Plaintiffs have instituted this action to recover damages for injuries allegedly suffered by them as a result of various acts by defendants which plaintiffs characterize as negligent. Defendants have not yet answered in the action, but have instead moved pursuant to CPLR 3211 (a) (7) to dismiss the action on the grounds that "the complaint fails to state a cause of action for negligence" and...

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