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PATTERSON v. NXK CORP.

151641/14. Appeal No. 12853. Case No. 2020-00282.

190 A.D.3d 497 (2021)

135 N.Y.S.3d 829

2021 NY Slip Op 00123

Robin Patterson, Appellant, v. NXK Corp., Doing Business as Ambu-Trans Ambulette Corp., Respondent.

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

Decided January 12, 2021.

Attorney(s) appearing for the Case

Sullivan Papain Block McGrath Coffinas & Cannavo PC, New York ( Christopher J. DelliCarpini of counsel), for appellant.

Donohue Law Firm, P.C., New York ( Adam S. Picinich of counsel), for respondent.

Concur—Acosta, P.J., Webber, González, Scarpulla, JJ.

Summary judgment should have been denied in this action for personal injuries sustained when plaintiff fell from her wheelchair while riding inside of an ambulette allegedly owned and operated by defendant (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Although defendant tendered documentary and testimonial evidence to show that plaintiff was not riding in defendant's ambulette in that plaintiff's scheduled...

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