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GILCHRIST v. OLVER

374 CA 22-00294.

215 A.D.3d 1280 (2023)

186 N.Y.S.3d 772

2023 NY Slip Op 02250

Francie F. Gilchrist, Appellant, v. Mark Olver, Respondent.

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

Decided April 28, 2023.

Attorney(s) appearing for the Case

LIPSITZ, PONTERIO & COMERFORD, LLC, BUFFALO ( ZACHARY JAMES WOODS , OF COUNSEL) FOR PLAINTIFF-APPELLANT.

McCARNEY LAW P.C., NEW YORK CITY ( JAMES G. McCARNEY , OF COUNSEL) FOR DEFENDANT-RESPONDENT.

MARSH LAW FIRM PLLC, NEW YORK CITY ( JAMES R. MARSH , OF COUNSEL) FOR CHILD USA, AMICUS CURIAE.

Present—Smith, J.P., Lindley, Bannister, Montour and Greenwood, JJ.

Appeal from an order of the Supreme Court, Erie County (Daniel Furlong, J.), entered February 10, 2022. The order granted defendant's motion insofar as it sought to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action pursuant to the Child Victims Act (see CPLR 208 [b]; 214-g) to recover for personal...

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