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RODRIGUEZ v. GUTIERREZ

2014-04065, Index Nos. 15717/08, 17728/08, 4226/11.

138 A.D.3d 964 (2016)

31 N.Y.S.3d 97

2016 NY Slip Op 02979

DANIEL GOMEZ RODRIGUEZ, an Infant, by His Mother and Natural Guardian, ANNA RODRIGUEZ, et al., Plaintiffs, v. EMIR D. GUTIERREZ et al., Appellants, et al., Defendants. (Action No. 1.) JOSEPH AYALA, an Infant, by His Mother and Natural Guardian, JENNY AYALA, et al., Respondents, v. MILA TRANSPORTATION, INC., et al., Appellants, et al., Defendants. (Action No. 2.) MARCIAL ORTA et al., Respondents, v. CITY OF NEW YORK, Respondent, and MILA TRANSPORTATION, INC., et al., Appellants. (Action No. 3.)

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

Decided April 20, 2016.

In three related actions to recover damages for personal injuries, etc., which were joined for trial, Emir D. Gutierrez, Mila Transportation, Inc., and Astra Town Corp. appeal from an order of the Supreme Court, Kings County (Landicino, J.), dated November 13, 2013. The order granted the respective motions of Joseph Ayala and Jenny Ayala, the plaintiffs in action No. 2, Marcial Orta and Xiomara Pica, the plaintiffs in action No. 3, and the City of New York, a defendant in...

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