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ELLSWORTH v. RUBIO

2020-02014. Index No. 717411/17.

204 A.D.3d 978 (2022)

167 N.Y.S.3d 521

2022 NY Slip Op 02781

John Ellsworth, Jr., Respondent, v. Angel E. Rubio, et al., Appellants, and Jorge Orlando Muy-Angamarca, Respondent.

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

Decided April 27, 2022.

Attorney(s) appearing for the Case

Denis J. Kennedy, Garden City, NY (Lorraine M. Korth of counsel), for appellants.

Salerno & Goldberg, P.C., Deer Park, NY (Allen Goldberg of counsel), for plaintiff-respondent.

Cheven Keely & Hatzis, New York, NY (Thomas Torto of counsel), for defendant-respondent.

Barros, J.P., Chambers, Maltese and Wooten, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motion of the defendants Angel E. Rubio and Noemi Raquel Rubio for summary judgment dismissing the complaint and all cross claims insofar as asserted against them is granted, and that branch of the plaintiff's cross motion which was for summary judgment on the issue of liability insofar as asserted against the defendants Angel E. Rubio and Noemi Raquel Rubio is denied.

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