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ROBINSON v. DOWNS

39 A.D.3d 1250 (2007)

834 N.Y.S.2d 770

COLLEEN ROBINSON, as Parent and Natural Guardian of D.S., an Infant, Appellant, v. SYLVESTER DOWNS et al., Defendants, and DIOCESE OF ROCHESTER, Respondent. (Action No. 1.) COLLEEN ROBINSON, as Parent and Natural Guardian of D.S., an Infant, Appellant, v. SACRED HEART CATHEDRAL et al., Respondents. (Action No. 2.)

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

Decided April 20, 2007.

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 in part and reinstating the complaint in action No. 1 against defendant Diocese of Rochester and the complaint in action No. 2 against the defendants in that action insofar as the complaints, as amplified by the bills of particulars, allege vicarious liability for the alleged negligence of defendant William Brown and reinstating the complaint...

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