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DALY v. FINLEY

Docket No. 603707/2004, Motion Seq. No. 045.

101 A.D.3d 931 (2012)

957 N.Y.S.2d 224

2012 NY Slip Op 8683

NICHOLAS DALY et al., Respondents, v. MARY ELLEN F. FINLEY, Appellant.

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

December 19, 2012.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

On the evening of March 10, 2006, the defendant hosted a party for her daughter's 21st birthday at the defendant's house in Yaphank. The plaintiff Lee Daly (hereinafter Lee) and his brother, the plaintiff Nicholas Daly (hereinafter Nicholas), were not invited to the party but accompanied an invited guest, the nonparty David...

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