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VACCARO v. FRANCOLOPEZ

2020-02824. Index No. 57032/18.

205 A.D.3d 760 (2022)

165 N.Y.S.3d 727

2022 NY Slip Op 03025

Anthony Vaccaro, Respondent, v. Omarlin Francolopez et al., Appellants, et al., Defendant.

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Morris Duffy Alonso & Faley, New York, NY (Robert S. Whitbeck, Iryna S. Krauchanka, and Andrea M. Alonso of counsel), for appellants.

Subin Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac, Jillian Rosen, and Christopher Soverow], of counsel), for respondent.

Dillon, J.P., Connolly, Brathwaite Nelson and Genovesi, JJ., concur.

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

On July 25, 2017, the plaintiff allegedly was injured when his vehicle was struck in the rear on a roadway in Ossining by a truck owned by the defendant Ryder Truck Rental, Inc. (hereinafter Ryder), leased by the defendant D. Bertoline & Sons, Inc., and operated by the defendant Omarlin Francolopez (hereinafter collectively the defendants). In...

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