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DEMBELE v. ACTION CARTING ENVTL. SERVS., INC.

Index No. 152346/13. Appeal No. 16869. Case No. 2021-00939.

211 A.D.3d 508 (2022)

181 N.Y.S.3d 25

2022 NY Slip Op 07029

Youssouf Dembele, Respondent, v. Action Carting Environmental Services, Inc., et al., Appellants, et al., Defendants.

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

Decided December 13, 2022.

Attorney(s) appearing for the Case

McGaw & Alventosa, Jericho (Mary C. Azzaretto of counsel), for Action Carting Environmental Services, Inc., appellant.

Strongin Rothman & Abrams, LLP, New York (Martin M. Adler of counsel), for BCRE Grand Street Owner LLC, BCRE Grand Hotel LLC, BCRE Grand Restaurant LLC and BCRE Grand Cafe, LLC, appellants.

Edelman, Krasin & Jaye, PLLC, Westbury (Monica P. Becker of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Oing, Moulton, Higgitt, JJ.

Order, Supreme Court, New York County (W. Franc Perry, J.), entered on or about September 14, 2020, which, to the extent appealed from, denied defendants Action Carting Environmental Services, Inc., BCRE Grand Street Owner LLC, BCRE Grand Hotel LLC, BCRE Grand Restaurant LLC, and BCRE Grand Café, LLC's motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Supreme Court correctly held that the successive summary...

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