GONZALEZ v. McCARVER

208 CA 21-00621.

206 A.D.3d 1584 (2022)

169 N.Y.S.3d 434

2022 NY Slip Op 03600

Alexis Gonzalez et al., Appellants, v. Richard L. McCarver et al., Respondents, et al., Defendant.

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

Decided June 3, 2022.


Attorney(s) appearing for the Case

CAMPBELL & ASSOCIATES, HAMBURG ( JOHN T. RYAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

BARCLAY DAMON LLP, ROCHESTER ( JESSICA E. TARIQ OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Peradotto, J.P., Lindley, Curran, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the cross motion and reinstating the complaint against defendants-respondents, and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking to recover damages for injuries allegedly sustained by Alexis Gonzalez (plaintiff) when a vehicle he was driving was rear-ended by a vehicle driven by defendant Richard L. McCarver. Plaintiffs...

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