DURAND v. ROTH BROTHERS PARTNERSHIP COMPANY


265 A.D.2d 448 (1999)

696 N.Y.S.2d 234

TRACY DURAND, an Infant, by Her Guardian, IRVOSE ASSAD, Respondent, v. ROTH BROTHERS PARTNERSHIP COMPANY, Appellant, and 88-44 REALTY CORP., Respondent.

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

Decided October 18, 1999.


Ordered that the order is modified, on the law, by deleting the provision thereof which denied the cross motion of Roth Brothers Partnership Company for summary judgment, and substituting therefor a provision granting the motion; as so modified, the order is affirmed, with costs payable to the appellant by the plaintiff, and the action against the remaining defendant is severed.

The plaintiff commenced this action after she suffered an episode of lead poisoning as...

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