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Pantaleo v. New Image Gymnastic Academy

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT


December 16, 2008

REBECCA PANTALEO, ETC., ET AL., APPELLANTS,
v.
NEW IMAGE GYMNASTIC ACADEMY, INC., D/B/A NEW IMAGE GYMNASTICS, ET AL., RESPONDENTS.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated April 23, 2007, which granted the separate motions of the defendants for summary judgment dismissing the complaint insofar as asserted against each of them.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., PETER B. SKELOS, RUTH C. BALKIN and CHERYL E. CHAMBERS, JJ.

(Index No. 15888/03)

DECISION & ORDER

ORDERED that the order is affirmed, with one bill of costs.

The defendants established their prima facie entitlement to summary judgment dismissing the complaint insofar as asserted against each of them. In opposition, the plaintiffs failed to raise a triable issue of fact.

MASTRO, J.P., SKELOS, BALKIN and CHAMBERS, JJ., concur.

20081216

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