ORTIZ v. JOEL J. TURNEY, LLC

9365, 301456/16.

172 A.D.3d 553 (2019)

98 N.Y.S.3d 748

2019 NY Slip Op 03917

Jose Ortiz, Respondent, v. Joel J. Turney, LLC, et al., Appellants.

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

Decided May 21, 2019.


Defendants' letter to plaintiff, in which they admit that plaintiff's underlying property damage action was not timely commenced and state that they will "willingly compensate [him] for all actual damages subject to proof and interest since the time of the loss," constitutes an admission of defendants' negligence and that it was the proximate cause of plaintiff's loss (see Marchi Jaffe Cohen Crystal Rosner & Katz v All-Star Video Corp., 107 A.D...

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