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COTICH v. TOWN OF NEWBURGH

2019-08850. Index No. 5600/17.

208 A.D.3d 849 (2022)

174 N.Y.S.3d 740

2022 NY Slip Op 05075

Tracy E. Cotich, Respondent, v. Town of Newburgh et al., Defendants, and American Real Property Inspections, Inc., et al., Appellants.

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

Decided August 31, 2022.

Attorney(s) appearing for the Case

Maynard, O'Connor, Smith & Catalinotto, LLP, Albany, NY ( Bridget M. Schultz of counsel), for appellants.

Tracy E. Cotich, Wappingers Falls, NY, respondent pro se.

Dillon, J.P., Iannacci, Zayas and Genovesi, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants American Real Property Inspections, Inc., and Benigno Reyes which was for summary judgment dismissing the cause of action alleging negligence insofar as asserted against them is granted.

In March 2016, the plaintiff retained the defendant American Real Property Inspections, Inc. (hereinafter...

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