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DOUGLAS v. KONE

2020-08204. Index No. 515025/15.

204 A.D.3d 887 (2022)

164 N.Y.S.3d 842

2022 NY Slip Op 02531

Joseph Dexter Douglas, Respondent, v. Ahissata Kone et al., Respondents, and Flat Gas, Inc., et al., Appellants.

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

Decided April 20, 2022.

Attorney(s) appearing for the Case

Rivkin Radler, LLP, Uniondale, NY ( Cheryl F. Korman , Merril S. Biscone , and Evan H. Krinick of counsel), for appellants.

Joseph Delio & Associates (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Kenneth J. Gorman ], of counsel), for plaintiff-respondent.

Barros, J.P., Chambers, Miller and Dowling, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained when he was struck by a vehicle in front of a car wash operated by the defendants Flat Gas, Inc., and BP/AMOCO Car Wash (hereinafter together the defendants). The plaintiff testified at his deposition that, after his vehicle was washed at the defendants' car wash, an employee...

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