MATTER OF SMALL SMILES LITIG.

996 CA 12-01911.

109 A.D.3d 1212 (2013)

971 N.Y.S.2d 784

2013 NY Slip Op 6219

In the Matter of SMALL SMILES LITIGATION. KELLY VARANO, as Parent and Natural Guardian of JEREMY BOHN, an Infant, et al., Respondents, v. FORBA HOLDINGS, LLC, Now Known as CHURCH STREET HEALTH MANAGEMENT, LLC, et al., Appellants, et al., Defendants. (Action No. 1.). SHANTEL JOHNSON, as Parent and Natural Guardian of KEVIN BUTLER, an Infant, et al., Respondents, v. FORBA HOLDINGS, LLC, Now Known as CHURCH STREET HEALTH MANAGEMENT, LLC, et al., Appellants, et al., Defendants. (Action No. 2.). TIMOTHY ANGUS, as Parent and Natural Guardian of JACOB ANGUS, an Infant, et al., Respondents, v. FORBA HOLDINGS, LLC, Now Known as CHURCH STREET HEALTH MANAGEMENT, LLC, et al., Appellants, et al., Defendants. (Action No. 3.).

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

Decided September 27, 2013.


Appeals from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered October 4, 2012. The order, inter alia, denied the motions of defendants-appellants to dismiss certain causes of action in the amended complaints.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motions in part and dismissing the first and third causes of action of the amended complaints against defendants-appellants...

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