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WILLIAMS v. STIMLINGER

229 A.D.2d 1022 (1996)

645 N.Y.S.2d 179

Donald G. Williams et al., Individually and as Parents and Natural Guardians of Dawn M. Williams, an Infant, Respondents, v. Thomas J. Stimlinger, Respondent, and David A. Collins et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1996

Order unanimously affirmed without costs.

Memorandum:

In their complaint, plaintiffs affirmatively pleaded that "[t]he limitations on liability set forth in [section] 1601 of the Civil Practice Law and Rules do not apply to this action because the claims in this action fall within the exclusion set forth in [section] 1602 (6) of the Civil Practice Law and Rules." Defendants denied that allegation in their answer. It is therefore not necessary for defendants...

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