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MARTINELLO v. TOMITZ

2013-09909

128 A.D.3d 1031 (2015)

9 N.Y.S.3d 645

2015 NY Slip Op 04458

ANNEMARIE MARTINELLO, Appellant, v. JOHN TOMITZ et al., Respondents.

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

Decided May 27, 2015.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated August 1, 2013, which granted the defendants' motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendants' motion which were pursuant to CPLR 3211...

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