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OF DOE 44 v. ERIK P.R.

337 CA 21-01338.

208 A.D.3d 974 (2022)

173 N.Y.S.3d 781

2022 NY Slip Op 04839

of Doe 44, Respondent, v. Erik P.R., Appellant. (Appeal No. 1.)

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

BONARIGO & McCUTCHEON, BATAVIA ( KRISTIE L. DEFREZE OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

Present—Lindley, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is reversed on the law without costs and the motion is denied.

Memorandum: Plaintiffs commenced these actions under the Child Victims Act (see CPLR 214-g) seeking damages as a result of defendant's alleged sexual abuse of them from "2003 to February 2006." Plaintiffs thereafter moved for partial summary judgment on liability, contending that our determination in a prior Family Court Act article 10 proceeding...

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