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SHICKLER v. CARY

59 A.D.3d 700 (2009)

874 N.Y.S.2d 233

MARIA SHICKLER, Appellant, v. JOELAINE CARY, Respondent, et al., Defendant.

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

Decided February 24, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff alleges that the defendant Joseph Botta committed battery upon her. In her complaint she also alleged that "Botta acted at the insistence and direction of defendant Joelaine Cary" (hereinafter the respondent). The Supreme Court, inter alia, granted that branch of the respondent's motion which was for summary judgment dismissing the complaint...

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