THOMPSON v. LEBEN HOME FOR ADULTS


17 A.D.3d 347 (2005)

792 N.Y.S.2d 597

RALPH THOMPSON, JR., et al., Appellants-Respondents, v. LEBEN HOME FOR ADULTS et al., Respondents-Appellants. (And a Third-Party Action.)

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

April 4, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, and that branch of the defendants' cross motion which was for summary judgment dismissing the cause of action alleging negligent infliction of emotional distress is denied; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs.

The defendants' untimely cross motion for...

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