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DUNN v. PALLETT

42 A.D.3d 807 (2007)

840 N.Y.S.2d 453

ALAN DUNN et al., Appellants, v. FRANK PALLETT, Doing Business as THE CHANCE COMPLEX, et al., Respondents, et al., Defendant.

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

Decided July 19, 2007.

Cardona, P.J.

Plaintiff Alan Dunn claims that on June 9, 2001 he was seriously injured while a patron at The Chance Complex, located in the City of Poughkeepsie, Dutchess County, when an unidentified patron jumped or fell from a balcony, landing on him. On June 8, 2004, Dunn and his wife filed a summons with notice with the Albany County Clerk naming "The Chance Complex" and "John Doe" as defendants in a personal injury action. In August 2004, a summons with notice...

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