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SCHEARER v. FITZGERALD

2021-07975, 2021-07976. Index No. 514920/20.

217 A.D.3d 980 (2023)

192 N.Y.S.3d 207

2023 NY Slip Op 03490

Elizabeth Schearer, Respondent, v. Albion Fitzgerald, Appellant.

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

Decided June 28, 2023.

Attorney(s) appearing for the Case

Clayman Rosenberg Kirshner & Linder LLP, New York, NY ( Wayne E. Gosnell, Jr. , Charles E. Clayman , and Eliel Talo of counsel), for appellant.

Merson Law, PLLC (Hasapidis Law Offices, South Salem, NY [ Annette G. Hasapidis ], of counsel), for respondent.

Brathwaite Nelson, J.P., Maltese, Genovesi and Dowling, JJ., concur.

In an action to recover damages for personal injuries, the defendant appeals from two orders of the Supreme Court, Kings County (George J. Silver, J.), both dated October 1, 2021. The orders denied the defendant's motion pursuant to CPLR 3211(a) to dismiss the amended complaint.

Ordered that the orders are affirmed, with one bill of costs.

The plaintiff commenced this action pursuant to the Child Victims Act (hereinafter...

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