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RUGIERI v. BANNISTER

22 A.D.3d 299 (2005)

802 N.Y.S.2d 140

JOHN E. RUGIERI et al., as Guardians of JOSEPH RUGIERI, Appellants, v. MARIE BANNISTER et al., Respondents, et al., Defendant.

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

October 13, 2005.

In September 1999, the Bannisters loaned their home in Sag Harbor, Long Island to defendant Leann Cheek. Cheek, who had previously stayed at the Bannisters' Sag Harbor home on numerous occasions, asked Dolores McAuliffe to join her for a weekend. On that Saturday evening, the women invited Joseph Rugieri and his companion James Toner to the Bannister home for dinner. The four shared the meal on the porch. Near the end of dinner, Rugieri excused himself to use the bathroom...

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