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VACCARO v. FRANCOLOPEZ

2019-14459. Index No. 57032/18.

205 A.D.3d 759 (2022)

165 N.Y.S.3d 705

2022 NY Slip Op 03024

Anthony Vaccaro, Respondent, v. Omarlin Francolopez et al., Appellants, et al., Defendant.

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Morris Duffy Alonso & Faley, New York, NY ( Robert S. Whitbeck , Iryna S. Krauchanka , and Andrea M. Alonso of counsel), for appellants.

Subin Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Christopher Soverow ], of counsel), for respondent.

Dillon, J.P., Connolly, Brathwaite Nelson and Genovesi, JJ., concur.

Ordered that the appeal is dismissed, with costs.

In this action to recover damages for personal injuries allegedly sustained in an automobile accident, the defendants Omarlin Francolopez, Ryder Truck Rental, Inc., and D. Bertoline & Sons, Inc. (hereinafter collectively the defendants), appeal from an order which denied their motion for leave to reargue their prior motion, inter alia, to vacate the note of issue, which had been denied by the Supreme Court in an...

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