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JOHN v. CASSIDY

482 CA 16-01843.

151 A.D.3d 1598 (2017)

57 N.Y.S.3d 567

2017 NY Slip Op 04588

MARDI JOHN, by the Parent and Natural Guardian, CHERYL KENDALL, Respondent, v. DANIEL CASSIDY, Defendant, and PAUL KLEINDIENST, Appellant. DANIEL CASSIDY et al., Third-Party Plaintiffs, v. DANIEL A. MESSINA et al., Third-Party Defendants.

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

Decided June 9, 2017.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Infant plaintiff, by her parent and natural guardian, commenced this action seeking damages for injuries she allegedly sustained as a result of her exposure to lead paint while residing in an apartment in a building allegedly owned by defendants-third-party plaintiffs Daniel Cassidy and Paul Kleindienst (defendants). Defendants jointly moved for, inter alia, summary...

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