CALDERON v. CRUZATE

2016-06774. Index No. 9569/12.

175 A.D.3d 644 (2019)

107 N.Y.S.3d 399

2019 NY Slip Op 06377

Santiago Calderon, Appellant, v. Carlos Cruzate, Sr., et al., Respondents, et al., Defendant.

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

Decided August 28, 2019.


Ordered that the order is reversed, on the law, with one bill of costs, and the separate motions of the defendants Carlos Cruzate, Sr., and Port Jefferson Cesspool Service, Inc., for summary judgment dismissing the complaint insofar as asserted against each of them are denied.

This action arises from tragic events that occurred on June 1, 2011. Edgar Ivan Calderon Castro (hereinafter Castro), who was 19 years old at the...

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