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BRYAN v. CROBAR

2008-05626.

2009 NY Slip Op 06394

ANTOINETTE BRYAN, ET AL., appellants, v. CROBAR, ET AL., respondents.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Krentsel & Guzman LLP (Pollack, Pollack, Isaac & De Cicco, New York, N.Y. [Brian J. Isaac and Diane K. Toner], of counsel), for appellants.

Havkins Rosenfeld Ritzert & Varriale, LLP, White Plains, N.Y. (Carmen A. Nicolaou and Steven H. Rosenfeld of counsel), for respondents.

Before: Mark C. Dillon, J.P., Howard Miller, John M. Leventhal, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Crobar and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with one bill of costs to the plaintiffs.

On July 13, 2006, the plaintiffs were shot by an...

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