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FERNANDEZ v. CONKLIN

2019-00770. Index No. 1634/16.

189 A.D.3d 784 (2020)

133 N.Y.S.3d 465

2020 NY Slip Op 07167

Daniel N. Fernandez, Respondent, v. Earl E. Conklin et al., Defendants, and Publishers Circulation Fulfillment, Inc., Appellant.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Thomas K. Moore ( Andrea G. Sawyers , Melville, NY [ David R. Holland ], of counsel), for appellant.

Patrick S. Owen , PLLC, Middletown, NY, for respondent.

Mastro, J.P., Leventhal, Hinds-Radix and Maltese, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action against Earl E. Conklin, Publishers Circulation Fulfillment, Inc. (hereinafter the defendant), and Local Media Group, Inc., to recover damages for personal injuries. The plaintiff alleged that he was struck and injured by a vehicle operated by Conklin, who, pursuant to an agreement with the defendant, had just completed delivering newspapers on the morning of October 17, 2013. The...

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