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SMITH v. DUTCHESS MOTOR LODGE

2020-05065 Index No. 51811/16.

213 A.D.3d 881 (2023)

184 N.Y.S.3d 374

2023 NY Slip Op 00891

Benjamin Smith, Respondent, v. Dutchess Motor Lodge, Appellant, et al., Defendants. Benjamin Smith, Respondent, v. William F. Yeno, Appellant.

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

Decided February 15, 2023.

Attorney(s) appearing for the Case

Maynard, O'Connor, Smith & Catalinotto, LLP, Albany, NY ( Emily A. Phillips of counsel), for appellants.

The Barnes Firm, New York, NY ( Martha M. Pigott of counsel), for respondents.

Dillon, J.P., Barros, Genovesi and Taylor, JJ., concur.

In a consolidated action to recover damages for personal injuries, the defendants Dutchess Motor Lodge and William F. Yeno appeal from an order of the Supreme Court, Dutchess County (Peter M. Forman, J.), dated May 11, 2020. The order, insofar as appealed from, denied the motion of those defendants for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

On June...

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