SMYTH v. GETTY PETROLEUM MKTG., INC.

2012-07373.

103 A.D.3d 790 (2013)

959 N.Y.S.2d 543

2013 NY Slip Op 1075

ROBERT J. SMYTH, Respondent, v. GETTY PETROLEUM MARKETING, INC., Defendant, and STAR 260 REALTY, LLC, et al., Appellants.

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

February 20, 2013.


In an action to recover damages for personal injuries, the defendants Star 260 Realty, LLC, and Horizon Star Services, LLC, appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Bayne, J.), dated June 1, 2012, as granted the plaintiff's motion, in effect, to vacate so much of a prior order of the same court dated September 23, 2011, as granted their unopposed motion pursuant to CPLR 3126 to dismiss the complaint insofar as asserted...

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