Weldon v. Rivera
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from an order of the Supreme Court (Ferradino, J.), entered December 26, 2001 in Saratoga County, which, inter alia, denied defendant Edwin Touma’s motion to dismiss the complaint against him.
Plaintiff commenced this action seeking damages for injuries allegedly sustained as a result of an alleged rape and assault by defendants in May 1999. Following joinder of issue and discovery, defendant Edwin Touma moved to dismiss the complaint for failure to state a cause of action (see CPLR 3211 [7]) or, alternatively, for summary judgment (see CPLR 3212). Supreme Court denied the motion,…
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