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ESTRELLA-DUARTE v. RACHEL CHO INC.

Index No. 450294/19. Appeal No. 16772. Case No. 2022-00098.

211 A.D.3d 405 (2022)

177 N.Y.S.3d 481

2022 NY Slip Op 06867

Antonio M. Estrella-Duarte, Plaintiff, v. Rachel Cho Inc. et al., Respondents. Rachel Cho Inc., Third-Party Plaintiff-Respondent, v. Juan P. Tavarez, Third-Party Defendant-Appellant.

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

Decided December 1, 2022.

Attorney(s) appearing for the Case

Law Office of Nicole Lesperance, Westbury (Susan J. Mitola of counsel), for appellant.

Scahill Law Group P.C., Bethpage (Keri A. Wehrheim of Counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Moulton, González, Rodriguez, Higgitt, JJ.

Order, Supreme Court, New York County (Lisa S. Headley, J.), entered on or about October 1, 2021, which denied third-party defendant Juan P. Tavarez's motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

The court correctly denied Tavarez's motion for summary judgment, as there are differing versions as to how the automobile accident occurred (see Sanyang v Davis, 198 A.D.3d 522 [1st Dept 2021]; G.G.N. v...

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