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RIDER v. RAINBOW MOBILE HOME PARK, LLP

956 CA 19-01846.

192 A.D.3d 1561 (2021)

2021 NY Slip Op 01649

Pamela L. Rider, Respondent, v. Rainbow Mobile Home Park, LLP, et al., Defendants, and Homette Corporation, Appellant.

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

Decided March 19, 2021.

Attorney(s) appearing for the Case

THORN GERSHON TYMANN AND BONANNI, LLP, ALBANY ( BRIAN P. HENCHY OF COUNSEL), FOR DEFENDANT-APPELLANT.

STAMM LAW FIRM, WILLIAMSVILLE ( BRIAN G. STAMM OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Carni, Troutman, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion seeking dismissal of the negligence cause of action against defendant Homette Corporation except insofar as it alleges that Homette Corporation performed negligent repairs on or about January 27, 2017, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action asserting, inter alia, a cause of action for...

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