HARRITY v. LEONE

CA 11-01972.

93 A.D.3d 1204 (2012)

940 N.Y.S.2d 386

2012 NY Slip Op 1933

THERESA HARRITY, Respondent-Appellant, v. JARED M. LEONE et al., Appellants-Respondents.

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

Decided March 16, 2012.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of plaintiff's cross motion seeking dismissal of the first affirmative defense in each answer and reinstating that affirmative defense and by transposing defendants' surnames in the last ordering paragraph, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for injuries she sustained when the...

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