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RIXNER v. VITELLI

238 A.D.2d 170 (1997)

655 N.Y.S.2d 522

Kirk Rixner, Jr., an Infant, by His Mother and Natural Guardian, Valencia Harrington, et al., Plaintiffs, v. Frank A. Vitelli et al., Defendants and Third-Party Plaintiffs-Respondents. Barbara Wells, Also Known as Barbara Garrison, et al., Third-Party Defendants-Appellants

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

April 8, 1997

Third-party defendants, owners of premises alleged to be a place where the infant plaintiff resided before moving to third-party plaintiffs' premises, moved for summary judgment primarily upon the deposition testimony of the infant plaintiff's mother that the child never resided at third-party defendants' premises, that when she moved to New York from another State in August 1989, she resided with a cousin for one or two days at...

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