JIMINEZ v. SHAHID

2010-06741.

83 A.D.3d 900 (2011)

922 N.Y.S.2d 123

MARCELLA JIMINEZ et al., Respondents, v. NAZER HUSSAIN SHAHID et al., Defendants, JERMAINE STEVENS, Respondent, and DRENIS PROPERTIES, LLC, Appellant.

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

Decided April 19, 2011.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Drenis Properties, LLC, pursuant to CPLR 3211 (a) (7) to dismiss the complaint and any cross claims insofar as asserted against it is granted.

The plaintiff Marcella Jiminez and her son, the plaintiff Justin Abundiz, allegedly sustained injuries when the defendant Nazar Hussain Shahid lost control of his motor vehicle, which mounted the sidewalk, and struck them as they were...

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