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DiNiRO v. ASPEN ATHLETIC CLUB, LLC

1443 CA 18-01335.

173 A.D.3d 1789 (2019)

104 N.Y.S.3d 808

2019 NY Slip Op 04858

Deborah A. DiNiro, Also Known as Deborah A. Pelligra, Individually and as Personal Representative and Executrix of the Estate of Ronald J. Pelligra, Also Known as Ron Pelligra, Deceased, Respondent, v. Aspen Athletic Club, LLC, et al., Appellants, et al., Defendants.

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

Decided June 14, 2019.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion of defendant En-Pro Management, Inc. in its entirety and dismissing the complaint and cross claims against it, granting the cross motion of defendant Zee Medical, Inc. in part and dismissing the third and fourth causes of action in the amended complaint, and granting the motion of defendant Aspen Athletic Club, LLC in part and dismissing the amended complaint against...

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