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OTTEY v. MAYA ASSUR. CO.

2019-09825. Index No. 701656/16.

205 A.D.3d 1043 (2022)

166 N.Y.S.3d 907

2022 NY Slip Op 03397

Dymond Ottey, Appellant, v. Maya Assurance Company, Respondent.

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

Decided May 25, 2022.

Attorney(s) appearing for the Case

Parker Waichman, LLP, Port Washington, NY ( Jay Breakstone and Stephenie Lannigan Bross , of counsel), for appellant.

Felberbaum, Halbridge & Wirth, Commack, NY ( Samuel E. Felberbaum , of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Wooten and Zayas, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured on February 14, 2010, when a livery cab from which she was exiting suddenly sped away, causing her to fall to the ground. The livery cab was owned by nonparty ABC Global Limo Corp. (hereinafter ABC Global). The plaintiff commenced an action against ABC Global to recover damages for her personal injuries, and obtained a default judgment therein against ABC Global...

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