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MARCINIAK v. GERBINO

227 A.D.2d 531 (1996)

642 N.Y.S.2d 709

Maria Marciniak et al., Respondents, v. Maria P. Gerbino et al., Appellants, and Marian Realmuto et al., Respondents

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

May 20, 1996

Ordered that the order is reversed, on the law, with costs, the appellants' motion for summary judgment is granted, and, upon searching the record, summary judgment is granted to the defendants Marian Realmuto and H.A. Gunzenberger, and the complaint is dismissed in its entirety.

The defendants Maria Papandrea Gerbino and Toni Ann DiMauita submitted proof which established that the infant plaintiff had not suffered a "serious...

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