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MOBLEY v. J. FOSTER PHILLIPS FUNERAL HOME, INC.

2015-11930. Index No. 27220/11.

178 A.D.3d 916 (2019)

114 N.Y.S.3d 410

2019 NY Slip Op 08997

Joseph Mobley et al., Respondents, v. J. Foster Phillips Funeral Home, Inc., et al., Appellants.

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

Decided December 18, 2019.

Attorney(s) appearing for the Case

Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, NY [ Marshall D. Sweetbaum and Jackie Gross ], of counsel), for appellants Ricardo Record and Melanie Grenald.

O'Connor Redd LLP, Port Chester, NY ( Joseph A. Orlando of counsel), for appellants J. Foster Phillips Funeral Home, Inc., and Jerome Leary.

Martin Kanfer , Great Neck, NY, for respondents.

Balkin, J.P., Hinds-Radix, Duffy and Christopher, JJ., concur.

Ordered that the order entered October 20, 2015, is affirmed insofar as appealed from, with one bill of costs.

The plaintiffs commenced this action to recover damages for personal injuries arising out of a motor vehicle accident. The defendants J. Foster Phillips Funeral Home, Inc., and Jerome Leary (hereinafter together the J. Foster defendants) moved, and the defendants Ricardo Record and Melanie Grenald (hereinafter together the Record defendants) separately moved...

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