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CHAPLIN v. TOMPKINS

464 CA 18-02257.

173 A.D.3d 1662 (2019)

99 N.Y.S.3d 908

2019 NY Slip Op 04563

Teressa Chaplin et al., Appellants, v. Tim N. Tompkins, Respondent, and West Main Street Partners, L.P., Defendant. (Appeal No. 2.)

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

Decided June 7, 2019.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the complaint against defendant Tim N. Tompkins except insofar as it asserts claims for patent injuries arising from plaintiffs' exposure to lead paint, and as modified the order is affirmed without costs.

Same memorandum as in Chaplin v Tompkins ([appeal No. 1], 173 A.D.3d 1661 [4th...

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