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FORTINO v. WHEELS, INC.

2019-09453. Index No. 707150/18.

204 A.D.3d 756 (2022)

166 N.Y.S.3d 660

2022 NY Slip Op 02393

Arcos Campos Fortino, Appellant, v. Wheels, Inc., et al., Respondents.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Wingate, Russotti, Shapiro & Halperin, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac, Roya Namvar, and Jillian Rosen], of counsel), for appellant.

Lester Schwab Katz & Dwyer, LLP, New York, NY (Paul M. Tarr of counsel), for respondents Wheels, Inc., and Shameza Dowd.

Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, NY [Joel A. Sweetbaum], of counsel), for respondent Gerald Schneider.

Iannacci, J.P., Miller, Maltese and Dowling, JJ., concur.

Ordered that the order entered August 5, 2019, is reversed, on the facts and in the exercise of discretion, with one bill of costs payable by the respondents appearing separately and filing separate briefs, and the separate motions of the defendants Wheels, Inc., and Shameza Dowd, and the defendant Gerald Schneider, in effect, to enforce the conditional order of preclusion dated February 27, 2019, and, thereupon, for summary judgment dismissing the complaint insofar as asserted...

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