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GUZMAN v. DESANTIS

3496, 24086/14E.

148 A.D.3d 580 (2017)

2017 NY Slip Op 02154

48 N.Y.S.3d 604

LUIS FLETE GUZMAN, Respondent, v. JACK P. DESANTIS et al., Defendants, and CARLOS B. MARTINEZ et al., Appellants.

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

Decided March 23, 2017.

Given that plaintiff expressly sought summary judgment on the issue of liability "against all defendants," and that the court granted plaintiff's motion "on the issue of fault," it appears that both plaintiff and the court misunderstood this Court's holdings in Garcia v Tri-County Ambulette Serv. (282 A.D.2d 206 [1st Dept 2001]) and Mello v Narco Cab Corp. (105 A.D.3d 634 [1st Dept 2013...

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