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STEELE v. SAMARITAN FOUND., INC.

2019-11018, 2020-03818. Index No. 2214/16.

208 A.D.3d 1265 (2022)

175 N.Y.S.3d 110

2022 NY Slip Op 05227

Nikaiya Steele, Appellant, v. Samaritan Foundation, Inc., et al., Respondents.

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

Decided September 21, 2022.

Attorney(s) appearing for the Case

Sobo & Sobo, LLP, Middletown, NY ( John A. Del Duco III of counsel), for appellants.

Rutherford Christie, LLP, New York, NY ( Michael C. Becker of counsel), for respondents.

Brathwaite Nelson, J.P., Chambers, Christopher and Wooten, JJ., concur.

Ordered that the order dated August 26, 2019, is reversed, on the law and in the exercise of discretion, and that branch of the defendants' motion which was, in effect, pursuant to CPLR 3126 to strike the plaintiff's complaint is denied; and it is further,

Ordered that the appeal from the order dated May 8, 2020, is dismissed as academic in light of our determination on the appeal from the order dated August 26, 2019; and it is further,

Ordered that one bill...

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