BRENNAN v. DEMYDYUK

104 CA 20-00494.

196 A.D.3d 1113 (2021)

2021 NY Slip Op 04425

Shaun Brennan, Respondent, v. Vladyslav Demydyuk et al., Appellants.

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

Decided July 16, 2021.


Attorney(s) appearing for the Case

LAW OFFICE OF JOHN TROP, ROCHESTER, BARTH SULLIVAN BEHR, LLP, BUFFALO ( PHILIP C. BARTH, III , OF COUNSEL), FOR DEFENDANTS-APPELLANTS VLADYSLAV DEMYDYUK AND LIA DEMYDYUK.

HURWITZ & FINE P.C., BUFFALO ( TIMOTHY P. WELCH OF COUNSEL), FOR DEFENDANT-APPELLANT LIA DEMYDYUK, DOING BUSINESS AS DDT TRANSPORT.

FARACI LANGE, LLP, ROCHESTER ( LESLEY E. NIEBEL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Peradotto, Lindley, Troutman and DeJoseph, JJ.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and those parts of the motion with respect to defendants' cell phone records and records for food and beverage purchases are denied.

Memorandum: Plaintiff commenced this negligence action seeking to recover damages for injuries he allegedly sustained when defendant Vladyslav Demydyuk, while operating a pickup truck that was registered to defendant Lia Demydyuk...

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