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BETANCES v. DJB INTL. LTD.

Index No. 306353/14E. Appeal No. 16614. Case No. 2022-00313.

210 A.D.3d 420 (2022)

177 N.Y.S.3d 566

2022 NY Slip Op 06160

Israel Betances et al., Appellants, et al., Plaintiff, v. DJB International Ltd. et al., Respondents, et al., Defendants.

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

Decided November 3, 2022.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York (Travis Wong of counsel), for appellants.

Sobel Pevzner, LLC, Huntington (Aaron C. Gross of counsel), for DJB International Ltd and Don C. Powell, Jr., respondents.

Marjorie E. Bornes, Brooklyn, for Slater Transport Inc. and Marcial Duarte, respondents.

Concur—Acosta, P.J., Kapnick, Mazzarelli, González, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Bianka Perez, J.), entered September 28, 2021, which granted defendants Don C. Powell, Jr. and DJB International Ltd.'s (together, Powell defendants) motion for summary judgment dismissing the complaint and all cross claims against them, unanimously affirmed, without costs.

The court correctly concluded that the Powell defendants sustained their initial burden of demonstrating that defendant Jose D. Leonor's negligence was a proximate...

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