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FERNANDEZ v. CONKLIN

2019-08245. Index No. 1634/16.

189 A.D.3d 785 (2020)

133 N.Y.S.3d 464

2020 NY Slip Op 07168

Daniel N. Fernandez, Respondent, v. Earl E. Conklin et al., Defendants, and Local Media Group, Inc., Appellant.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Kowalski & DeVito (McGaw, Alventosa & Zajac, Jericho, NY [ Ross P. Masler ], 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 insofar as appealed from, with costs.

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

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