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AYBAR v. GOODYEAR TIRE & RUBBER COMPANY

2016-07396, Index No. 706908/15.

175 A.D.3d 1373 (2019)

106 N.Y.S.3d 361

2019 NY Slip Op 06584

Jose Aybar, Respondent, v. Goodyear Tire & Rubber Company, Appellant, et al., Defendant. U.S. Tires and Wheels of Queens, LLC, Nonparty Respondent.

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

Decided September 18, 2019.

Attorney(s) appearing for the Case

DLA Piper LLP (US), New York, NY ( Kevin W. Rethore and Jayne Risk of counsel), for appellant.

Certain & Zilberg, PLLC (Parker Waichman LLP, Port Washington, NY [ Jay L.T. Breakstone and Jessica L. Richman ], of counsel), for plaintiff-respondent.

Marshall Dennehey Warner Coleman & Goggin, P.C., New York, NY ( Adam C. Calvert of counsel), for nonparty-respondent.

Chambers, J.P., Austin, Roman and Iannacci, JJ., concur.

Ordered that the order is reversed, on the law, with one bill of costs, and the motion of the defendant Goodyear Tire & Rubber Company pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against it for lack of personal jurisdiction is granted.

On July 1, 2012, the plaintiff, a resident of Queens County, allegedly was injured when a tire on the automobile he was driving failed, causing the vehicle to become unstable and overturn. The incident...

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