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TROIANO v. DEMARCO

50 A.D.3d 1020 (2008)

858 N.Y.S.2d 189

JOHN TROIANO, Respondent, v. ANTHONY DEMARCO, Defendant, and ROSALIE SARNO et al., Appellants.

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

Decided April 22, 2008.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Rosalie Sarno and Salvatore Sarno for summary judgment dismissing the complaint insofar as asserted against them is granted.

The plaintiff allegedly sustained a rotator cuff tear at the home of the defendants Rosalie Sarno and Salvatore Sarno (hereinafter together the Sarnos), when the defendant Anthony DeMarco (hereinafter their emancipated son), the son of Rosalie Sarno...

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