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HALYARD v. MAGELLAN AEROSPACE N.Y., INC.

2020-03689. Index No. 706959/17.

221 A.D.3d 592 (2023)

199 N.Y.S.3d 590

2023 NY Slip Op 05494

Dontae Halyard, Appellant, v. Magellan Aerospace New York, Inc., et al., Respondents.

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

Decided November 1, 2023.

Attorney(s) appearing for the Case

Subin Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Jillian Rosen], of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, NY (Patrick J. Lawless and Brian Del Gatto of counsel), for respondents.

Connolly, J.P., Brathwaite Nelson, Chambers and Voutsinas, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Timothy J. Dufficy, J.), entered May 7, 2020. The order, insofar as appealed from, in effect, upon reargument, adhered to a determination in an order of the same court entered November 1, 2019, conditionally granting that branch of the defendants' cross-motion which was pursuant to CPLR 3126(3) to dismiss the complaint unless the plaintiff provided...

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