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AUGUSTE v. EDLUND CO., LLC

2020-00851. Index No. 504582/13.

213 A.D.3d 797 (2023)

185 N.Y.S.3d 166

2023 NY Slip Op 00837

Michelle Auguste, Respondent, v. Edlund Company, LLC, et al., Appellants.

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

Decided February 15, 2023.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, NY (Patrick J. Lawless of counsel), for appellant Edlund Company, LLC.

Eustace, Marquez, Epstein, Prezioso & Yapchanyk, New York, NY (Vacharaesorn Vivacharawongse of counsel), for appellant 120 Kimball Corporation.

Roytblat & Kalant, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Paul H. Seidenstock], of counsel), for respondent.

Brathwaite Nelson, J.P., Wooten, Genovesi and Warhit, JJ., concur.

In an action to recover damages for personal injuries, the defendant Edlund Company, LLC, and the defendant 120 Kimball Corporation separately appeal from an order of the Supreme Court, Kings County (Edgar G. Walker, J.), dated November 26, 2019. The order denied the motion of defendant Edlund Company, LLC, for summary judgment dismissing the amended complaint insofar as asserted against it, or, in the alternative, to strike the amended complaint pursuant to CPLR 3126, and...

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