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SMITH v. KINSEY

50 A.D.3d 1456 (2008)

858 N.Y.S.2d 495

DAYMARC J. SMITH, an Infant, by and Through His Parent and Natural Guardian, DANA J. SMITH, Respondent-Appellant, v. MARCUS KINSEY, Appellant-Respondent, et al., Defendant.

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

Decided April 25, 2008.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion to strike the sixth affirmative defense and striking that affirmative defense and by granting those parts of the cross motion seeking summary judgment dismissing the first amended complaint against defendant Marcus Kinsey, as amplified by the first amended bill of particulars, insofar as it may be deemed to...

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