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K.O. v. YMCA BUFFALO NIAGARA

809 CA 22-01580.

222 A.D.3d 1353 (2023)

201 N.Y.S.3d 840

2023 NY Slip Op 06619

K.O., Appellant, v. YMCA Buffalo Niagara, Respondent, et al., Defendant.

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

Decided December 22, 2023.

Attorney(s) appearing for the Case

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

PHILLIPS LYTLE LLP, BUFFALO ( RYAN A. LEMA OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present —Whalen, P.J., Montour, Ogden and Nowak, JJ.

Appeal from an order of the Supreme Court, Niagara County (Deborah A. Chimes, J.), entered March 28, 2022. The order granted the motion of defendant YMCA Buffalo Niagara to dismiss the complaint against it without prejudice.

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 complaint against defendant YMCA Buffalo Niagara insofar as it alleges that defendant Lockport Family YMCA...

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