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CABRERA v. RALLYE MOTORS, LLC

2021-04232. Index No. 600899/20.

215 A.D.3d 729 (2023)

185 N.Y.S.3d 697

2023 NY Slip Op 01885

Kamalic Cabrera, Respondent, v. Rallye Motors, LLC, Appellant, et al., Defendant.

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

Decided April 12, 2023.

Attorney(s) appearing for the Case

Cullen and Dykman LLP, New York, NY (Deborah A. Levine, Daniel P. Mevorach, and John E. Sparling of counsel), for appellant.

Dell & Dean, PLLC (Mischel & Horn, P.C., New York, NY [Scott T. Horn and Andrew J. Fisher], of counsel), for respondent.

Duffy, J.P., Maltese, Dowling and Warhit, JJ., concur.

In an action, inter alia, to recover damages for negligent infliction of emotional distress, etc., the defendant Rallye Motors, LLC, appeals from an order of the Supreme Court, Nassau County (Sharon M.J. Gianelli, J.), dated May 13, 2021. The order, insofar as appealed from, denied that branch of the motion of the defendant Rallye Motors, LLC, which was pursuant to CPLR 3211(a)(7) to dismiss the second amended complaint insofar as asserted against it.

Ordered that...

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