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McCARTHY v. ASHIKARI

2019-11966, 2020-04112, Index No. 52255/17.

206 A.D.3d 718 (2022)

169 N.Y.S.3d 352

2022 NY Slip Op 03719

Allison McCarthy et al., Respondents, v. Andrew Ashikari et al., Appellants, et al., Defendant.

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

Decided June 8, 2022.

Attorney(s) appearing for the Case

Vouté, Lohrfink, Magro & McAndrew, LLP, White Plains, NY ( Evan J. Lyman of counsel), for appellants.

William Schwitzer & Associates, P.C., New York, NY ( Jason C. Molesso of counsel), for respondents.

Iannacci, J.P., Miller, Zayas and Dowling, JJ., concur.

Ordered that the appeal of the order dated March 6, 2020, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated September 9, 2019, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs.

In September 2013, the plaintiff Allison McCarthy (hereinafter the injured plaintiff) presented to the defendants Andrew Ashikari and Ashikari...

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