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  5. 213 A.D.3d 449 (2023)
 

CONCEPCION v. LESSEL TRANSP. CORP.

Index Nos. 452219/18, 150590/22. Appeal Nos. 17282-17283-17284. Case Nos. 2022-02843, 2022-01905, 2022-01985.

213 A.D.3d 449 (2023)

183 N.Y.S.3d 386

2023 NY Slip Op 00723

Sherry Concepcion, Respondent, v. Lessel Transportation Corp. et al., Appellants. Sherry Concepcion, Appellant, v. Midtown Tracking Ventures LLC, Defendant, and Lessel Transportation Corp. et al., Respondents.

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

Decided February 9, 2023.

Attorney(s) appearing for the Case

Gannon Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for appellants/respondents.

Law Office of Ephrem J. Wertenteil, New York (Ephrem J. Wertenteil of counsel) for respondent/appellant.

Concur—Kern, J.P., Singh, Shulman, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (Arlene Bluth, J.), entered June 9, 2022, which denied defendants' motion to dismiss the complaint under index No. 150590/22 pursuant to CPLR 3211(a)(4) and (5), unanimously affirmed, without costs. Appeals from orders, same court and Justice, entered on or about November 26, 2021 and on or about January 14, 2022, which, respectively, denied plaintiff's motion to vacate a prior order sua sponte dismissing the action under index No. 452219...

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