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RUDDEN v. BERNSTEIN

61 A.D.3d 736 (2009)

878 N.Y.S.2d 373

GINA RUDDEN, Appellant-Respondent, v. FRANCINE BERNSTEIN et al., Defendants, KAITLIN SMIRALDO et al., Respondents-Appellants, and DENNIS AVETA et al., Respondents.

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

Decided April 14, 2009.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the separate cross motions of the defendants Kaitlin Smiraldo and Angie Westrack which were for summary judgment dismissing so much of the fourth cause of action as sought to recover compensatory damages and the fifth cause of action asserted by the plaintiff Gina Rudden, on behalf of the infant Bryan Rudden, and so much...

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