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YUEN v. 267 CANAL ST.

9 Misc.3d 494 (2005)

802 N.Y.S.2d 306

PO W. YUEN, as Guardian of WING CHEONG WOO, an Incapacitated Person, et al., Plaintiffs, v. 267 CANAL STREET CORP., Defendant and Third-Party Plaintiff; GBT FASHION, INC., Third-Party Defendant and Second Third-Party Plaintiff, and ERIC McCLENDON et al., Second Third-Party Defendants.

Supreme Court, Kings County.

July 13, 2005.

Attorney(s) appearing for the Case

Lester, Schwab, Katz & Dwyer, LLP, New York City, for 267 Canal Street Corp.

Hacker & Murphy, LLP, Latham, for J & J Super, Inc.

Calabrese & Calabrese, LLP, White Plains, for GBT Fashion, Inc.

Eric McClendon, pro se.

Barton, Barton & Plotkin, LLP, New York City, for plaintiffs.

OPINION OF THE COURT

IRA B. HARKAVY, J.

Defendant and third-party plaintiff 267 Canal Street Corp. moves, pursuant to CPLR 3212, for an order awarding it summary judgment dismissing plaintiffs Po W. Yuen, guardian of plaintiff Wing Cheong Woo (Mr. Woo), an incapacitated person, and Sau Fong Woo's (Ms. Woo) complaint. Second third-party defendant J&J Super, Inc. (J&J) cross-moves for summary judgment dismissing third-party defendant/second third-party...

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