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CAPUTO v. BROWN

2019-01551, 2019-01553. Index No. 50877/18.

196 A.D.3d 456 (2021)

150 N.Y.S.3d 733

2021 NY Slip Op 04212

Donna Caputo, Appellant-Respondent, v. Redora Brown et al., Respondents, and Jeffrey Leete et al., Respondents-Appellants.

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

Decided July 7, 2021.

Attorney(s) appearing for the Case

Chopra & Nocerino, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Christopher Soverow ], of counsel), for appellant-respondent.

Milber Makris Plousadis & Seiden, LLP, Woodbury, NY ( Sarah M. Ziolkowski of counsel), for respondents-appellants.

Schwab Gasparini, PLLC, White Plains, NY ( Louis U. Gasparini , of counsel), for respondents.

Mastro, J.P., Rivera, Hinds-Radix and Duffy, JJ., concur.

Ordered that the order dated December 19, 2018, is modified, on the law, by deleting the provision thereof which, in effect, searched the record and awarded summary judgment to the defendants Jeffrey Leete, Penske Truck Leasing Corporation, and Penske Leasing Co., L.P., dismissing the complaint insofar as asserted against them; as so modified, the order dated December 19, 2018, is affirmed; and it is further,

Ordered that...

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