MARTIN v. ABILITY BEYOND DISABILITY

2015-10349. Index No. 64948/13.

153 A.D.3d 695 (2017)

59 N.Y.S.3d 766

2017 NY Slip Op 06173

TUWANDA C. MARTIN, as Administratrix of the Estate of JOHN ALVIN MARTIN II, Deceased, et al., Respondents, et al., Plaintiff, v. ABILITY BEYOND DISABILITY et al., Appellants.

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

Decided August 16, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and those branches of the defendants' separate motions which were for summary judgment dismissing the complaint insofar as asserted against each of them by the plaintiffs Tuwanda C. Martin, as administratrix of the estate of John Alvin Martin II, John Martin, and Emma Martin are granted.

In 1985, John Alvin Martin II (hereinafter the decedent), then a minor, sustained...

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