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ATEHORTUA v. JARAMILLO

2019-13646. Index No. 703228/15.

195 A.D.3d 670 (2021)

145 N.Y.S.3d 357

2021 NY Slip Op 03569

Marilyn Atehortua et al., Respondents, v. Ovidio Jaramillo et al., Appellants.

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

Decided June 9, 2021.

Attorney(s) appearing for the Case

Bader & Yakaitis LLP, New York, NY ( Paul Yakaitis of counsel), for appellants Ovidio Jaramillo and Santa Maria Bar & Restaurant, Inc., and Conway, Farrell, Curtin & Kelly, P.C., New York, NY (Jonathan T. Uejio of counsel), for appellant KMT Equities, LLC (one brief filed).

Mallilo & Grossman, Flushing, NY ( Jessica Kronrad of counsel), for respondents.

Chambers, J.P., Miller, Barros and Christopher, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and those branches of the motion of the defendants Ovidio Jaramillo and Santa Maria Bar & Restaurant, Inc., and the separate motion of the defendant KMT Equities, LLC, which were for summary judgment dismissing the complaint insofar as asserted against each of them other than the cause of action alleging violation of the Dram Shop Act are granted.

Ben Atehortua died...

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