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FARAGIANO v. CONCORD

96 N.Y.2d 776 (2001)

749 N.E.2d 184

725 N.Y.S.2d 609

PAUL FARAGIANO, by His Guardian ad Litem, JOSEPH A. FARAGIANO, SR., et al., Respondents, v. TOWN OF CONCORD, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 29, 2001.

Attorney(s) appearing for the Case

Damon & Morey, L. L. P., Buffalo (Michael J. Willett and Brian A. Birenbach of counsel), for appellant.

Phillips, Lytle, Hitchcock, Blaine & Huber, L. L. P., Buffalo (John M. Curran, William P. Keefer and Craig A. Leslie of counsel), for respondents.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, plaintiffs' motion to amend their amended complaint denied, defendant Town's cross motion for partial summary judgment on its second affirmative defense for apportionment under CPLR article 16 granted and the certified question answered in the negative.

Seventeen-year-old plaintiff Paul Faragiano was...

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