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FRANCIS v. CURLEY FAMILY LTD. PARTNERSHIP

33 A.D.3d 852 (2006)

823 N.Y.S.2d 475

TONI FRANCIS et al., Appellants, v. CURLEY FAMILY LTD. PARTNERSHIP, Defendant, and PATRICIA KILMETIS, Respondent. (Action No. 1.) TONI FRANCIS et al., Appellants, v. THOMAS CURLEY PLUMBING & HEATING, INC., et al., Defendants, and STEPPING STONE CHILD CARE, INC., et al., Respondents. (Action No. 2.)

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

Decided October 24, 2006.

Ordered that the appeal from the order dated January 7, 2005, is dismissed, as that order was superseded by the order dated April 20, 2005, made upon reargument; and it is further,

Ordered that the order dated April 20, 2005, is modified, on the law, by (1) deleting the provision thereof granting that branch of the motion of the defendant Patricia Kilmetis which was for summary judgment dismissing the plaintiffs' claim in action No. 1 sounding in strict liability...

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