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WISE v. BOYD BROS. TRANSPORTATION, INC.

2019-14487. Index No. 518659/18.

194 A.D.3d 1096 (2021)

2021 NY Slip Op 03345

Thomas L.P. Wise, Respondent, v. Boyd Bros. Transportation, Inc., et al., Appellants, and Alfonso A. Ellis, Respondent.

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

Decided May 26, 2021.

Attorney(s) appearing for the Case

Jeffrey Samel , New York, NY ( Robert G. Spevack of counsel), for appellants.

Mikhail Yadgarov & Associates, P.C. ( Mitchell Dranow , Sea Cliff, NY, of counsel), for plaintiff-respondent.

William S. Boorstein , New York, NY ( Debora L. Jacques of counsel), for defendant-respondent.

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

Ordered that the appeal from so much of the order as granted that branch of the motion of the defendant Alfonso A. Ellis which was for summary judgment dismissing the complaint insofar as asserted against him is dismissed, as the defendants Boyd Bros. Transportation, Inc., Boyd Brothers Transportation, Boyd Logistics, LLC, and "John Doe" and/or "Jane Doe" are not aggrieved by that portion of the order (see CPLR 5511; Mixon v TBV, Inc., 76 A...

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