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ALPHAS v. SMITH

NO. 3118, 155790/15

147 A.D.3d 557 (2017)

47 N.Y.S.3d 301

2017 NY Slip Op 01277

PETER ALPHAS, Appellant, v. SCOTT SMITH et al., Respondents.

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

Decided February 16, 2017.

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered January 8, 2016, which granted defendants' motion to dismiss the second amended complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously modified, on the law, to deny the motion as to the first cause of action insofar as it relates to plaintiff's individual damages, and otherwise affirmed, without costs.

In opposition to defendants' motion, plaintiff...

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