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ORDONEZ v. ADM AGRAVIT, INC.

2019-12335. Index No. 515398/15.

205 A.D.3d 1042 (2022)

166 N.Y.S.3d 900

2022 NY Slip Op 03396

Yadira Ordonez, Respondent, v. ADM Agravit, Inc., et al., Appellants.

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

Decided May 25, 2022.

Attorney(s) appearing for the Case

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

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

Barros, J.P., Rivera, Wooten and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment on the issue of liability is denied.

The plaintiff allegedly was injured when the vehicle she was operating was struck in the rear by a dump truck owned by the defendant ADM Agravit, Inc. (hereinafter ADM), and operated by Howard Robert Wolkin. According to the plaintiff's deposition testimony, her vehicle was...

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