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JOHNSON v. ORTIZ TRANSPORTATION, LLC

2018-14263. Index No. 66425/16.

205 A.D.3d 696 (2022)

165 N.Y.S.3d 735

2022 NY Slip Op 02986

Gertrude C. Johnson, Appellant, v. Ortiz Transportation, LLC, et al., Respondents. (And a Related Action.)

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Grant & Longworth, LLP, Dobbs Ferry, NY (Andrew C. Chan of counsel), for appellant.

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, NY (Joel M. Simon of counsel), for respondents.

Dillon, J.P., Duffy, Connolly and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In November 2016, the plaintiff commenced this action against the defendants, Ortiz Transportation, LLC (hereinafter OT), and Omar H. Cespedes, to recover damages for personal injuries that she allegedly sustained in a 2015 motor vehicle accident. The complaint asserted causes of action alleging negligence and violations of the Federal Motor Carrier Safety Regulations (hereinafter FMCSR). The...

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