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CALABRIA v. FISHER

11 A.D.3d 1031 (2004)

782 N.Y.S.2d 199

LOUIS CALABRIA, as Parent and Natural Guardian of JOHN J. CALABRIA, an Infant, Appellant, v. ROBERT J. FISHER et al., Respondents.

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

October 1, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion of defendant Robert J. Fisher and reinstating the amended complaint against him and as modified the order is affirmed without costs.

Memorandum:

We conclude that Supreme Court properly granted the motion of defendant Denny's Restaurant, Inc., now known as Denny's Inc., for summary...

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