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BENNETT v. DA ASSOC., LLC

2020-00494. Index No. 7149/17.

217 A.D.3d 650 (2023)

190 N.Y.S.3d 441

2023 NY Slip Op 02997

Alexandria Bennett et al., Respondents-Appellants, v. DA Associates, LLC, Defendant/Third-Party Plaintiff Appellant-Respondent. All-Pro, Third-Party Defendant-Respondent.

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

Decided June 7, 2023.

Attorney(s) appearing for the Case

Gerber Ciano Kelly Brady LLP, Garden City, NY (Brendan T. Fitzpatrick and Michael F. Harris of counsel), for defendant third-party plaintiff appellant-respondent.

Basch & Keegan, LLP, Kingston, NY (Derek J. Spada of counsel), for respondents-appellants.

Craig P. Curcio, Middletown, NY (Ryan Bannon of counsel), for third-party defendant-respondent.

Barros, J.P., Brathwaite Nelson, Ford and Warhit, JJ., concur.

In an action to recover damages for personal injuries, etc., the defendant/third-party plaintiff appeals, and the plaintiffs cross-appeal, from an order of the Supreme Court, Orange County (Catherine M. Bartlett, J.), dated December 19, 2019. The order, insofar as appealed from, denied those branches of the motion of the defendant/third-party plaintiff which were for summary judgment dismissing the complaint or, in the alternative, for summary judgment on the third-party...

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