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PRESTON v. CASTLE POINTE, LLC

1415 CA 18-01235.

173 A.D.3d 1709 (2019)

102 N.Y.S.3d 832

2019 NY Slip Op 04617

Donald Preston, As Executor of the Estate of Lawrence A. Preston, Deceased, Appellant, v. Castle Pointe, LLC, et al., Respondents, et al., Defendant.

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

Decided June 7, 2019.

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

Memorandum: Plaintiff commenced this premises liability action seeking damages for, inter alia, the wrongful death and conscious pain and suffering of his father, Lawrence A. Preston (decedent), a 96-year-old man who allegedly drowned in a retention pond on property owned, leased, or operated by defendants-respondents (defendants) and containing the senior citizen independent...

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