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PENNINI v. SHOOTING STARS

2018-05547. Index No. 70329/12.

189 A.D.3d 861 (2020)

133 N.Y.S.3d 451

2020 NY Slip Op 07209

Erika Pennini, by Her Mother, Marisa Ann Pennini, et al., Appellants, v. Shooting Stars et al., Defendants, and Candace Anne Muñoz, Defendant/Third-Party Plaintiff-Respondent. Town of Mount Pleasant, Third-Party Defendant-Respondent.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Hausner & Montanile, PLLC, New York, NY ( Joseph A. Montanile of counsel), for appellants.

Morris Duffy Alonso & Faley, New York, NY ( Iryna S. Krauchanka and Kevin G. Faley of counsel), for third-party defendant-respondent.

Balkin, J.P., Roman, Barros and Christopher, JJ., concur.

Ordered that the appeal from so much of the order as granted that branch of the third-party defendant's motion which was for summary judgment dismissing the third-party complaint is dismissed, without costs or disbursements; and it is further,

Ordered that the order is reversed insofar as reviewed, on the law, without costs or disbursements, and that branch of the third-party defendant's motion which was for summary judgment...

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