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C.B. v. INCORPORATED VILLAGE OF GARDEN CITY

2018-05101. Index No. 12108/10.

194 A.D.3d 897 (2021)

2021 NY Slip Op 03158

C.B. et al., Appellants, v. Incorporated Village of Garden City et al., Respondents, et al., Defendants.

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

Decided May 19, 2021.

Attorney(s) appearing for the Case

Steven L. Salzman, P.C., New York, NY ( David S. Gould of counsel), for appellants.

Cullen and Dykman, LLP, New York, NY ( Diana Neyman of counsel), for respondents Incorporated Village of Garden City, Incorporated Village of Garden City Recreation Department, and Tullamore Park.

Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, NY [ Marshall D. Sweetbaum and Joel A. Sweetbaum ], of counsel), for respondent Brian Tully.

Mastro, A.P.J., Rivera, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of the defendant Brian Tully which was for summary judgment dismissing the complaint insofar as asserted against him, and substituting therefor a provision denying that branch of his cross motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the plaintiffs payable...

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