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MORENO v. WEINER

39 A.D.3d 830 (2007)

834 N.Y.S.2d 323

VIVIAN MORENO et al., Respondents, v. STEVEN WEINER et al., Appellants.

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

Decided April 24, 2007.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

On the afternoon of January 19, 2004, the infant plaintiff, who was 13 years old and had been having a "sleep over" with the defendants' daughter at the defendants' home, developed alcohol poisoning. Unbeknownst to the defendants, who, under the circumstances, had a duty to adequately...

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