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ORTIZ v. CONTRERAS

2007-09292.

2008 NY Slip Op 06364

SONIA P. ORTIZ, respondent, v. SANTOS E. CONTRERAS, ET AL., appellants.

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

Decided July 22, 2008.

Attorney(s) appearing for the Case

Abamont & Associates (Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, N.Y. [Kathleen D. Foley], of counsel), for appellants.

Siben & Siben, LLP, Bay Shore, N.Y. (Alan G. Faber of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., PETER B. SKELOS, JOSEPH COVELLO, RUTH C. BALKIN, JJ.

DECISION & ORDER

ORDERED that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendants' motion which was for summary judgment dismissing the first cause of action sounding in common-law negligence, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

To recover in strict liability in tort for damages caused by...

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