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BRADIGAN v. WESTERN REGIONAL OFF-TRACK BETTING CORPORATION

280 A.D.2d 984 (2001)

720 N.Y.S.2d 670

WILLIAM BRADIGAN et al., Respondents, v. WESTERN REGIONAL OFF-TRACK BETTING CORPORATION, Defendant, and PLYMOLD BOOTHS, Appellant.

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

Decided February 7, 2001.

Order insofar as appealed from unanimously reversed on the law without costs, motion granted and amended complaint against defendant Plymold Booths dismissed.

Memorandum:

Supreme Court erred in denying the motion of Plymold Booths (defendant) seeking summary judgment dismissing the amended complaint against it. William Bradigan (plaintiff) was injured when the metal frame of the booth at the Off-Track Betting parlor in which he was seated allegedly failed...

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