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DONG v. CRUZ-MARTE

Index No. 23584/17E. Appeal No. 12701. Case No. 2020-01914.

189 A.D.3d 613 (2020)

134 N.Y.S.3d 710

2020 NY Slip Op 07699

Xuezhen Dong et al., Plaintiffs, v. Delvin J. Cruz-Marte et al., Respondents, and Wenhua Sung et al., Appellants, et al., Defendants.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

Keane & Bernheimer, PLLC, Valhalla ( Michalina N. Shuter of counsel), for appellants.

Marshall Dennehey Warner Coleman & Goggin, P.C., Purchase ( Steven B. Saal of counsel), for Delvin J. Cruz-Marte, respondent.

Foster & Mazzie, LLC, New York ( Jennifer L. Sanyshyn of counsel), for Keystone Freight Corporation & Mystic Island Transport, Inc., respondent.

Concur—Friedman, J.P., Renwick, Singh, Kennedy, Shulman, JJ.

Plaintiffs' decedent was riding his bicycle when he had to cycle around a vehicle stopped in the right lane and was hit by a passing tractor-trailer. The stopped vehicle was owned by defendant Gloria Y. Sung and operated by defendant Wenhua Sung (Sung defendants). The tractor-trailer was owned by defendants Keystone Freight Corporation and Mystic Island Transport, Inc. and operated by defendant Delvin J. Cruz-Marte.

The Sung defendants' motion for summary judgment...

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