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MARTINEZ v. ITF LLC

Index Nos. 20977/18E, 25135/18E. Appeal No. 185-186-187. Case Nos. 2022-01483, 2022-01494, 2022-05075.

216 A.D.3d 429 (2023)

187 N.Y.S.3d 635

2023 NY Slip Op 02385

Alwin Martinez, Respondent, v. ITF LLC et al., Defendants, Yesenia Camacho, Respondent, and J.B. Hunt Transport, Inc., Appellant. Yesenia Camacho, Respondent, v. ITF LLC et al., Defendants, J.B. Hunt Transport, Inc., Appellant, and Alwin Martinez, Respondent.

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

Decided May 4, 2023.

Attorney(s) appearing for the Case

Coffey Modica O'Meara Capowski LLP, White Plains (John F. Watkins of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for Alwin Martinez, respondent.

Avanzino & Moreno, P.C., Brooklyn (Stuart Long of counsel), for Yesenia Camacho, respondent.

Concur—Manzanet-Daniels, J.P., Singh, Moulton, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about March 28, 2022, which, to the extent appealed from as limited by the briefs, granted plaintiffs' motions for summary judgment on liability and dismissed defendant J.B. Hunt Transport Inc.'s affirmative defense alleging comparative negligence by plaintiff Alwin Martinez, unanimously affirmed, without costs. Order, same court and Justice, entered on or about November 2, 2022, which denied J.B. Hunt...

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