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JOHNSON v. ORTIZ TRANSPORTATION, LLC

2019-13685. Index No. 66425/16.

205 A.D.3d 699 (2022)

165 N.Y.S.3d 743

2022 NY Slip Op 02987

Gertrude C. Johnson, Appellant, et al., Plaintiff, v. Ortiz Transportation, LLC, et al., Respondents, et al., Defendants.

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, P.C., New York, NY (Louise M. Cherkis 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 Gertrude C. Johnson (hereinafter the plaintiff) commenced an action against the defendants Ortiz Transportation, LLC, and Omar H. Cespedes (hereinafter together the defendants) to recover damages for personal injuries she allegedly sustained in a 2015 motor vehicle accident. In October 2019, the plaintiff moved pursuant to CPLR 3126 to strike the defendants' answer...

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