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SMITH v. PRO CAMPS, LTD.

2023-05131, Index No. 528018/19.

2024 NY Slip Op 02074

PHILLIP LYLE SMITH, Respondent, v. PRO CAMPS, LTD., ETC., ET AL., Appellants, ET AL., Defendant.

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

Decided April 17, 2024.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith, LLP, New York, NY ( Dean L. Pillarella and Daniel J. Fox of counsel), for appellants.

Lewis Baach Kaufman Middlemiss PLLC, New York, NY ( Arthur D. Middlemiss of counsel), for respondent.

Before: Francesca E. Connolly, J.P., Cheryl E. Chambers, Barry E. Warhit, Lourdes M. Ventura, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for negligent hiring, retention, and supervision, the defendants Pro Camps, Ltd., Joseph W. Namath, and John Dockery appeal from an order of the Supreme Court, Kings County (Mark I. Partnow, J.), dated May 22, 2023. The order, insofar as appealed from, denied those defendants' motion pursuant to CPLR 3211(a)(5) to dismiss the amended complaint insofar as asserted against them as time-barred.

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