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MATTER OF OCT. 31, 2017 TERRORIST ATTACK/LOWER MANHATTAN LITIG. v. CITY OF NEW YORK

160013/18. Appeal No. 13925. Case No. 2020-02967.

194 A.D.3d 645 (2021)

144 N.Y.S.3d 562

2021 NY Slip Op 03375

In the Matter of October 31, 2017 Terrorist Attack/Lower Manhattan Litigation. Louis Grandelli, as Administrator of the Estate of Ariel Erlij, Deceased, et al., Plaintiffs, v. City of New York et al., Defendants, Hudson River Park Trust et al., Respondents, and Leesel Transportation Corp., Appellant.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

Koster, Brady & Nagler LLP, New York ( William H. Gagas of counsel), for appellant.

Shaub Ahmuty Citrin & Spratt, LLP, Lake Success ( Jonathan P. Shaub of counsel), for Hudson River Park Trust, respondent.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Nicholas Hurzeler of counsel), for Home Depot U.S.A., Inc., respondent.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.

Defendant Leesel Transportation Corp. is named as a defendant in only one of the 18 actions (the KL action) arising from a terrorist incident on October 31, 2017, in which Sayfullo Saipov drove a truck rented from Home Depot into a crowd of pedestrians and bicyclists along the West Street/Route 9A bicycle path in lower Manhattan and then collided with a school bus owned and operated by Leesel, injuring the driver and passengers.

Great deference is accorded a motion...

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