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MATTER OF SMALL SMILES LITIG.

46 CA 14-01098.

125 A.D.3d 1298 (2015)

2 N.Y.S.3d 379

In the Matter of SMALL SMILES LITIGATION. KELLY VARANO, as Parent and Natural Guardian of JEREMY BOHN, an Infant, Respondent, v. FORBA HOLDINGS, LLC, Now Known as CHURCH STREET HEALTH MANAGEMENT, LLC, et al., Appellants, et al., Defendants.

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

Decided February 6, 2015.

It is hereby ordered that the case is held and the decision is reserved in accordance with the following memorandum: Defendants-appellants (defendants) appeal from an order denying in part their pretrial motions for summary judgment. We note that, in Varano v FORBA Holdings, LLC ([appeal No. 2] 125 A.D.3d 1395 [2015] [decided herewith]), we are reversing the order that granted plaintiff's motion pursuant to CPLR 4404 (a) to set aside...

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