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UHTEG v. KENDRA

1003 CA 21-00424.

200 A.D.3d 1695 (2021)

161 N.Y.S.3d 596

2021 NY Slip Op 07408

Robert Uhteg, as Personal Needs and Property Management Guardian of Robert E. Schleip, an Incapacitated Person, Respondent-Appellant, v. Gary M. Kendra et al., Appellants-Respondents, et al., Defendant.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

BURDEN HAFNER & HANSEN, LLC, BUFFALO ( SARAH E. HANSEN OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.

O'BRIEN & FORD, P.C., BUFFALO ( CHRISTOPHER J. O'BRIEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present—Centra, J.P., Peradotto, Troutman, Winslow and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion insofar as it seeks summary judgment on the issues of negligence and proximate cause and by granting the cross motion insofar as it seeks leave to amend the answer, and as modified the order is affirmed without costs.

Memorandum: Plaintiff, as personal needs and property management guardian of Robert E. Schleip, an incapacitated person, commenced this action...

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