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BEAUVOIR v. SAMUEL

2019-09995. Index No. 520509/18.

204 A.D.3d 741 (2022)

164 N.Y.S.3d 462

2022 NY Slip Op 02385

Nadege Beauvoir, Appellant, v. Toribip Samuel et al., Respondents.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Subin Associates, LLP (Robert J. Eisen and Pollack Pollack Isaac & DeCicco LLP, New York, NY [Brian J. Isaac and Greg Freeman], of counsel), for appellant.

Kelly, Rode & Kelly, LLP, Mineola, NY (Eric P. Tosca of counsel), for respondents.

Barros, J.P., Rivera, Wooten and Dowling, JJ., concur.

Ordered that the order is affirmed, with costs.

On January 23, 2017, the plaintiff allegedly sustained personal injuries when a vehicle that she was operating was struck in the rear by a vehicle operated by the defendant Toribip Samuel and owned by the defendant Green Oil Recycling, Inc. (hereinafter Green Oil). Prior to the completion of discovery and before party depositions had occurred, the plaintiff moved for summary...

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