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MATARAZZO v. CHARLEE FAMILY CARE, INC.

534956.

218 A.D.3d 941 (2023)

192 N.Y.S.3d 755

2023 NY Slip Op 03824

Shaun Matarazzo, Respondent, v. CHARLEE Family Care, Inc., et al., Defendants, and The Menninger Foundation et al., Appellants.

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

Decided July 13, 2023.

Attorney(s) appearing for the Case

Bracewell LLP, New York City (David A. Shargel of counsel), for The Menninger Foundation, appellant.

Ward Greenberg Heller & Reidy LLP, Rochester (Scott R. Jennette of counsel), for Schenectady Community Action Program, Inc., appellant.

Lipsitz, Ponterio & Comerford, LLC, Buffalo (Dennis P. Harlow of counsel), for respondent.

Egan Jr., J.P., Aarons, Ceresia and McShan, JJ., concur.

Appeal from an order of the Supreme Court (L. Michael Mackey, J.), entered March 2, 2022, in Schenectady County, which denied a motion by defendants The Menninger Foundation and Schenectady Community Action Program, Inc. to dismiss the amended complaint against them.

In August 2021, plaintiff commenced this action under the Child...

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