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LEISTNER v. VANINI

669 CA 22-00324.

208 A.D.3d 1625 (2022)

175 N.Y.S.3d 402

2022 NY Slip Op 05441

Vicki Leistner, Appellant, v. David Vanini et al., Respondents.

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

THE LAW OFFICES OF MATTHEW ALBERT, DARIEN CENTER ( MATTHEW ALBERT , OF COUNSEL), FOR PLAINTIFF-APPELLANT.

THE LAW OFFICES OF DESTIN C. SANTACROSE, BUFFALO ( MICHAEL R. SCHUG OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Whalen, P.J., Smith, Centra, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the second cause of action in the amended complaint insofar as it seeks economic damages, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for, inter alia, emotional distress after her dog died while at defendant Buffalo Barks, LLC, a dog daycare facility owned

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