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VIRELLA v. ALLSTATE HOME CARE OF BUFFALO, INC.

59 A.D.3d 1102 (2009)

872 N.Y.S.2d 353

CONCEPCION VIRELLA, III, Plaintiff, v. ALLSTATE HOME CARE OF BUFFALO, INC., et al., Appellants, and NEAL E. DUNNING, Respondent. (Appeal No. 2.)

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

Decided February 6, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by dismissing that part of the motion seeking summary judgment dismissing the complaint against defendant Neal E. Dunning and as modified the order is affirmed without costs.

Same memorandum as in Virella v Allstate Home Care of Buffalo, Inc. (59 A.D.3d 1100

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