DAVIS v. ROCHDALE VIL., INC.

2012-04708, Index No. 700341/11.

109 A.D.3d 867 (2013)

971 N.Y.S.2d 340

2013 NY Slip Op 5874

ALMA G. DAVIS, Respondent, v. ROCHDALE VILLAGE, INC., et al., Appellants.

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

Decided September 18, 2013.


In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Lane, J.), dated April 16, 2012, which denied their motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground of release.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint is granted.

In support of their motion to dismiss...

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