JOANN ABBO BRADLEY INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DYLAN BRADLEY TREVOR BRADLEY AND CHASE BRADLEY INFANTS ZACHARY HERR AND MELANIE HERR INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF COLETON HERR AND HEATHER HERR INFANTS AND NATHAN KORSON AND ELENA KORSON INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF LOGAN KORSON AN INFANT PLAINTIFFS APPELLANTS v. APPEAL NO (2015)

Supreme Court, Appellate Division, Fourth Department.

JOANN ABBO–BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q. BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF COLETON HERR AND HEATHER HERR, INFANTS, AND NATHAN E. KORSON AND ELENA KORSON, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF LOGAN J. KORSON, AN INFANT, PLAINTIFFS–APPELLANTS, v. CITY OF NIAGARA FALLS, ET AL., DEFENDANTS, AND CECOS INTERNATIONAL, INC., DEFENDANT–RESPONDENT. (APPEAL NO. 4.)

CA 14–02114

Decided: October 02, 2015

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND VALENTINO, JJ.

PHILLIPS & PAOLICELLI LLP, NEW YORK CITY (STEPHEN J. PHILLIPS OF COUNSEL), FOR PLAINTIFFS–APPELLANTS. LATHROP & GAGE, LLP, CHICAGO, ILLINOIS (RUSSELL EGGERT, OF THE ILLINOIS BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND WEBSTER SZANYI LLP, BUFFALO, FOR DEFENDANT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying that part of the motion of defendant CECOS International, Inc., seeking to dismiss the second amended complaint against it and reinstating the second amended complaint against that defendant except insofar as the third and fourth causes of action assert claims by each plaintiff as parent and natural guardian of an infant child or children, and as modified the order is affirmed without costs.

Same memorandum as in Abbo–Bradley v. City of Niagara Falls ( [appeal No. 1] _ AD3d _ [Oct. 2, 2015] ).

Frances E. Cafarell

Clerk of the Court

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