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CAIN-HENRY v. SHOT

1090 CA 19-01786.

194 A.D.3d 1465 (2021)

143 N.Y.S.3d 647

2021 NY Slip Op 02961

Diamonds M. Cain-Henry, Appellant, v. Romana Shot et al., Defendants, and Cedrick J. Morgan et al., Respondents.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

CAMPBELL & ASSOCIATES, EDEN ( R. COLIN CAMPBELL OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LAW OFFICES OF JENNIFER S. ADAMS, WILLIAMSVILLE ( KEVIN J. GRAFF OF COUNSEL), FOR DEFENDANT-RESPONDENT SIBO C. SIMKIN-JAMES.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, ROCHESTER ( ERICKA B. ELLIOTT OF COUNSEL), FOR DEFENDANT-RESPONDENT CEDRICK J. MORGAN.

Present—Smith, J.P., Peradotto, Curran, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion and cross motion are denied, and the complaint against defendants Cedrick J. Morgan and Sibo C. Simkin-James is reinstated.

Memorandum: Plaintiff commenced this action seeking, inter alia, to recover for injuries she allegedly sustained when a vehicle operated by Cedrick J. Morgan and owned by Sibo C. Simkin-James (collectively, defendants) came into contact...

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