ROSARIO v. MONTALVO & SON AUTO REPAIR CTR., LTD.

2015-04955, Index No. 23045/07.

149 A.D.3d 885 (2017)

2017 NY Slip Op 02837

51 N.Y.S.3d 618

LUIS ROSARIO, Appellant, v. MONTALVO & SON AUTO REPAIR CENTER, LTD., Respondent, et al., Defendants.

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

Decided April 12, 2017.


Ordered that the judgment is reversed, on the law, with costs, the motion of the defendant Montalvo & Son Auto Repair Center, Ltd., pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against it is denied, the complaint is reinstated insofar as asserted against that defendant, the order dated April 23, 2015, is modified accordingly, and the matter is remitted to Supreme Court, Kings County, for a new trial on the issue of liability only before a different...

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