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DELUCIA v. MAR LBR. CO., INC.

2021-04935. Index No. 503206/18.

210 A.D.3d 636 (2022)

177 N.Y.S.3d 669

2022 NY Slip Op 06109

Gillian Delucia, Appellant, v. Mar Lumber Co., Inc., et al., Respondents, et al., Defendant.

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

Decided November 2, 2022.

Attorney(s) appearing for the Case

Raskin & Kremins, LLP, New York, NY (Michael Kremins of counsel), for appellant.

Cullen & Dykman, LLP, Garden City, NY (Nicholas M. Cardascia, of counsel), for respondents.

Iannacci, J.P., Wooten, Dowling and Wan, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Dawn Jimenez-Salta, J.), dated June 28, 2021. The order denied the plaintiff's motion pursuant to CPLR 5015(a)(1) to vacate an order of the same court dated February 5, 2020, granting the unopposed motion of the defendants Mar Lumber Co., Inc., and Enrico J. Gatto for summary judgment dismissing the complaint insofar as asserted against them, and...

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