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ZAMORA v. DAVID CACCAVO, LLC

2018-10272. Index No. 701636/15.

190 A.D.3d 895 (2021)

136 N.Y.S.3d 751

2021 NY Slip Op 00330

Sonia Merchan Zamora, Respondent, v. David Caccavo, LLC, Appellant, and New York City Transit Authority, Respondent, et al., Defendant. E&Z Food Corp., Nonparty.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

Paganini, Cioci, Pinter, Cusumano & Farole (Gannon, Rosenfarb & Drossman, New York, NY [ Lisa L. Gokhulsingh ], of counsel), for appellant.

William Pager , Brooklyn, NY, for plaintiff-respondent.

Farber Brocks & Zane, LLP, Garden City, NY ( Tracy L. Frankel of counsel), for nonparty E & Z Food Corp.

Dillon, J.P., Barros, Connolly and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the plaintiff by the defendant David Caccavo, LLC.

The background facts are set forth in this Court's decision and order on related appeals (see Zamora v David Caccavo, LLC, 190 A.D.3d 893 [2021] [decided herewith]).

The plaintiff commenced actions to recover damages for personal injuries against, among others, the defendant David Caccavo, LLC (hereinafter...

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