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LANAUSSE v. DAVAL TR., INC.

Index No. 24677/13E. Appeal No. 14249. Case No. 2020-04531.

197 A.D.3d 1068 (2021)

152 N.Y.S.3d 293

2021 NY Slip Op 05168

Jennifer Lanausse et al., Appellants, v. Daval Transit, Inc., et al., Respondents.

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

Decided September 30, 2021.

Attorney(s) appearing for the Case

Grant & Longworth, LLP, Dobbs Ferry ( Andrew C. Chan of counsel), for appellants.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn ( Rory Mulholland of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.

The motion court properly granted defense counsel's motion. The record shows that Gerber & Gerber and Abrams Fensterman were served with plaintiffs' order to show cause as the attorneys of record and not as defendants in the personal injury action. Additionally, the caption of the order to show cause only lists the original defendants, without naming Abrams Fensterman or Gerber & Gerber. Although plaintiffs contend that...

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