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A.S. v. ERIE COUNTY

657 CA 22-01794.

219 A.D.3d 1694 (2023)

196 N.Y.S.3d 825

2023 NY Slip Op 04868

A.S., Respondent, v. Erie County et al., Defendants, and Berkshire Farm Center and Services for Youth, Appellant.

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

Decided September 29, 2023.

Attorney(s) appearing for the Case

GIRVIN & FERLAZZO, P.C., ALBANY ( DANIEL S.L. RUBIN OF COUNSEL), FOR DEFENDANT-APPELLANT.

HERMAN LAW, NEW YORK CITY ( STUART S. MERMELSTEIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Bannister, Ogden, Greenwood and Nowak, JJ.

Appeal from an order of the Supreme Court, Erie County (Daniel Furlong, J.), entered November 4, 2022. The order denied the motion of defendant Berkshire Farm Center and Services for Youth to dismiss the amended complaint against it.

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

Memorandum: On July 12, 2021, plaintiff commenced this personal injury action pursuant to the Child Victims Act (see CPLR 214-g...

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