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BERTRAND v. TKO TRANSPORT LLC

Index No. 158080/18. Appeal No. 16045. Case No. 2021-04569.

205 A.D.3d 643 (2022)

167 N.Y.S.3d 390

2022 NY Slip Op 03472

Audrey Bertrand, Respondent, v. TKO Transport LLC et al., Defendants, City of New York, Respondent, and DJM Transport NY Co., Inc., Appellant.

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

Decided May 31, 2022.

Attorney(s) appearing for the Case

Powell, Kugelman & Postell, LLC, New York (Joseph M. Powell of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for Audrey Bertrand, respondent.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Susan Paulson of counsel), for City of New York, respondent.

Concur—Acosta, P.J., Renwick, Singh, Moulton, Kennedy, JJ.

While acknowledging plaintiff's argument that DJM NY was united in interest with defendant DJM Transport, LLC (Transport), the motion court made no finding with respect to that relationship. Instead, it determined, sua sponte, that DJM NY was united in interest with defendants Martinez and TKO Transport LLC, and held that therefore the claims asserted against it related back to those in the original complaint and were not barred by the statute of limitations (see CPLR...

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