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POMILLA v. BANGIYEV

2017-12171. Index No. 1590/15.

197 A.D.3d 1187 (2021)

151 N.Y.S.3d 372

2021 NY Slip Op 04984

Joseph Pomilla, Appellant, v. Arkadiy Bangiyev, Respondent, et al., Defendants. (And Third-Party Actions.)

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

Decided September 15, 2021.

Attorney(s) appearing for the Case

Sullivan Papain Block McGrath & Cannavo, P.C., New York, NY ( Stephen C. Glasser , Gabriel A. Arce-Yee , and Chris DelliCarpini of counsel), for appellant.

Vigorito, Barker, Patterson, Nichols & Porter, LLP, Garden City, NY ( Douglas Langholz of counsel), for respondent.

Austin, J.P., Hinds-Radix, Connolly and Wooten, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Arkadiy Bangiyev which was for summary judgment dismissing the cause of action alleging common-law negligence insofar as asserted against him, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the...

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