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CARBONE v. ALAGNA

239 A.D.2d 454 (1997)

658 N.Y.S.2d 48

Rocco Carbone, an Infant, by His Father and Natural Guardian, Attilio Carbone, et al., Respondents, v. Joseph Alagna, Jr., an Infant, by His Parent and Natural Guardian, Joseph Alagna, Sr., et al., Defendants, and Dogwood Farms, Inc., Doing Business as Dogwood Farms Convenience Store, et al., Appellants. (And a Third-Party Action.)

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

May 19, 1997

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, the motions are granted, the cross motion is denied, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The infant plaintiff, Rocco Carbone, who was 11 years old at the time of the...

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