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ALROSE OCEANSIDE, LLC v. MUELLER

2009-11741.

81 A.D.3d 574 (2011)

915 N.Y.S.2d 643

ALROSE OCEANSIDE, LLC, Appellant, et al., Plaintiff, v. RYAN MUELLER, by His Guardians, FRANK MUELLER et al., Respondents, et al., Defendants.

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

Decided February 1, 2011.

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

Contrary to the contentions of the plaintiff Alrose Oceanside, LLC (hereinafter Alrose), the Supreme Court properly granted that branch of the motion of the infant defendant Michael Baumann (hereinafter the infant defendant) and his parents Michael Baumann and Donna Baumann (hereinafter collectively the Baumann defendants) which was for summary judgment

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