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BYRD v. HUGHES

2019-04661. Index Nos. 28954/11, 22578/12.

188 A.D.3d 975 (2020)

135 N.Y.S.3d 140

2020 NY Slip Op 06741

Beauton Byrd, Appellant, v. Richard Hughes et al., Defendants, Taco Bell of America, Inc., et al., Appellants, and Concrete Structures, Inc., Respondent. (And Third-Party Actions.) (Action No. 1.) Lillian Jerman et al., Appellants, v. Richard J. Hughes et al., Defendants, Taco Bell of America, Inc., et al., Appellants, and Concrete Structures, Inc., Respondent. (And Third-Party Actions.) (Action No. 2.)

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

Decided November 18, 2020.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, and the motion of Concrete Structures, Inc., for summary judgment dismissing the amended complaint in action No. 1, the second amended complaint in action No. 2, and all cross claims insofar as asserted against it is denied.

On July 25, 2011, at approximately 5:56 a.m., Merell Jerman (hereinafter the decedent...

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