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FILC v. 7221 SOMEPLACE ELSE, LTD.

2021-03651. Index No. 521327/17.

219 A.D.3d 1487 (2023)

196 N.Y.S.3d 532

2023 NY Slip Op 04751

Elzbieta Filc, as Administrator of the Goods, Chattels and Credits of Wiktoria Filc, Deceased, Respondent, v. 7221 Someplace Else, Ltd., Doing Business as Catch 22, Appellant, et al., Defendants. (And a Third-Party Action.).

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

Decided September 27, 2023.

Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York, NY (Sean Hutchinson and Carey Nosowitz of counsel), for appellant.

The Mead Law Firm, P.C., Brooklyn, NY (Wesley Mead of counsel), for respondent.

Duffy, J.P., Iannacci, Wooten and Genovesi, JJ., concur.

In an action, inter alia, to recover damages for wrongful death, the defendant 7221 Someplace Else, Ltd., doing business as Catch 22, appeals from an order of the Supreme Court, Kings County (Carolyn E. Wade, J.), dated April 12, 2021. The order denied that defendant's motion for summary judgment dismissing the amended complaint insofar as asserted against it.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of...

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