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STEPHEN v. BROOKLYN PUBLIC LIBRARY

2012-05660

120 A.D.3d 1221 (2014)

992 N.Y.S.2d 101

2014 NY Slip Op 06073

ROSEMARIE STEPHEN, Appellant, v. BROOKLYN PUBLIC LIBRARY, Respondent, et al., Defendant.

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

Decided September 10, 2014.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court did not improperly direct the dismissal of the complaint insofar as asserted against the defendant Brooklyn Public Library (hereinafter the Library), sua sponte, as the record reflects that the Library moved for summary judgment dismissing the complaint insofar as asserted against it. Moreover, the plaintiff waived any argument with respect to the motion being...

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