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BUDWAY v. McKEE

013937/07.

27 Misc.3d 316 (2010)

893 N.Y.S.2d 766

STEPHEN BUDWAY et al., Plaintiffs, v. ADELAIDE J. McKEE, Defendant.

Supreme Court, Nassau County.

Decided January 29, 2010.

Attorney(s) appearing for the Case

Laffan & Laffan, LLP, Mineola ( Maura V. Laffan of counsel), for defendant.

Davis & Hersh, LLP, Islandia ( Ian Sack of counsel), for plaintiffs.

OPINION OF THE COURT

DANIEL R. PALMIERI, J.

Defendant's motion for summary judgment pursuant to CPLR 3212 is granted to the extent that plaintiff's common-law cause of action and his spouse's derivative action are dismissed, and is denied to the extent that plaintiff asserts a cause of action for medical costs pursuant to Agriculture and Markets Law § 121 (10).

Plaintiff Stephen Budway alleges...

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