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OF DOE 45 v. ERIK P.R.

342 CA 21-01339.

208 A.D.3d 977 (2022)

171 N.Y.S.3d 400

2022 NY Slip Op 04840

Of Doe 45, Respondent, v. Erik P.R., Appellant. (Appeal No. 2.)

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

BONARIGO & McCUTCHEON, BATAVIA (KRISTIE L. DEFREZE OF COUNSEL), FOR DEFENDANT-APPELLANT.

O'BRIEN & FORD, P.C., BUFFALO (CHRISTOPHER J. O'BRIEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present —Lindley, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is reversed on the law without costs and the motion is denied.

Same memorandum as in Of Doe 44 v Erik P.R. ([appeal No. 1] 208 A.D.3d 974 [4th Dept 2022]).

All concur except Bannister, J., who dissents and votes to affirm in the same memorandum as in Of Doe 44 v Erik P.R. ([appeal No. 1] 208 A.D.3d 974 [4th...

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