TAYLOR v. LASTRES


45 A.D.3d 835 (2007)

847 N.Y.S.2d 139

KEVIN TAYLOR et al., Appellants, v. MELISSA LASTRES, Respondent. (And a Third-Party Action.)

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

Decided November 27, 2007.


Ordered that the judgment is modified, on the law, by deleting the provision thereof which, upon the order dated January 18, 2006, dismissed the claim alleging common-law negligence, and that claim is reinstated and severed; as so modified, the judgment is affirmed, with costs to the plaintiffs, and the order dated January 18, 2006, is modified accordingly.

The plaintiffs' claim alleging common-law negligence should not have been dismissed at this juncture. An out...

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