LARA v. TUCK-IT-AWAY AT 135TH ST., INC.

Index No. 156050/16. Appeal No. 14037. Case No. 2021-00209.

195 A.D.3d 488 (2021)

145 N.Y.S.3d 339

2021 NY Slip Op 03664

Duval Lara, Appellant, v. Tuck-It-Away at 135th Street, Inc., Respondent, et al., Defendants. (And A Third-Party Action.).

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

Decided June 10, 2021.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, New York ( Jillian Rosen and Greg Freedman of counsel), for appellant.

Black Marjieh & Sanford LLP, Elmsford ( Dana Khalife-Marjieh of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Oing, Shulman, JJ.


Plaintiff's notice of appeal filed on December 30, 2020 was timely because the time to file this notice commenced upon service of a copy of the order with notice of entry on December 30, 2020, and not when the order was transmitted and entered into the NYSCEF site on January 21, 2020 (see 22 NYCRR 202.5-b[h][2]).

Plaintiff's motion for partial summary judgment on the issue of defendant's negligence was properly denied in that questions of fact remain as to...

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