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LOLA ROBERTS BEAUTY SALON, INC. v. ABLE MOTOR CARS CORP.

2020-00996. Index No. 8312/10.

213 A.D.3d 751 (2023)

184 N.Y.S.3d 362

2023 NY Slip Op 00657

Lola Roberts Beauty Salon, Inc., Appellant, v. Able Motor Cars Corp., Respondent, et al., Defendant. (And a Related Action.)

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

Decided February 8, 2023.

Attorney(s) appearing for the Case

Deliso & Associates (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Paul H. Seidenstock ], of counsel), for appellant.

Kaufman Dolowich Voluck, LLP, Woodbury, NY ( Kevin J. O'Donnell and Gino A. Zonghetti of counsel), for respondent.

Connolly, J.P., Iannacci, Miller and Ford, JJ., concur.

In an action, inter alia, to recover damages for injury to property, the plaintiff appeals from an order of the Supreme Court, Queens County (Marguerite A. Grays, J.), dated November 15, 2019. The order granted the motion of the defendant Able Motor Cars Corp. to dismiss the complaint insofar as asserted against it as abandoned pursuant to 22 NYCRR 202.48(b).

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion...

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