REARDON v. LEONE


280 A.D.2d 461 (2001)

720 N.Y.S.2d 372

BETH REARDON, an Infant, by Her Parent and Natural Guardian, KAREN A. REARDON, et al., Respondents, v. JOSE R. LEONE et al., Appellants, and CHARLES A. VALITUTTO et al., Respondents.

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

Decided February 5, 2001.


Ordered that the order is reversed, on the law, with costs payable by the plaintiffs, the motion is granted, the complaint and cross claims are dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

In opposition to the appellants' prima facie demonstration of entitlement to judgment as a matter of law dismissing the complaint and cross claims insofar as asserted against them, the plaintiffs failed to raise...

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