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TALARICO v. BUCK

1027 CA 18-00569.

167 A.D.3d 1481 (2018)

88 N.Y.S.3d 372

2018 NY Slip Op 08785

Amber M. Talarico, Appellant, v. Jason L. Buck et al., Defendants, and Matthew J. Sile et al., Respondents. (Appeal No. 2.)

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

Decided December 21, 2018.

It is hereby ordered that the order insofar as appealed from is reversed on the law without costs, that part of the motion of defendants Matthew J. Sile and James W. Sile for summary judgment dismissing the complaint against them is denied, and the complaint against them is reinstated.

Same memorandum as in Gilkerson v Buck (167 A.D.3d 1470 [4th Dept 2018]).

All concur except Peradotto, J.P., and Carni, J., who dissent...

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