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VARGAS v. TOWN OF HUNTINGTON

2019-14692, Index No. 612365/15.

206 A.D.3d 1034 (2022)

170 N.Y.S.3d 616

2022 NY Slip Op 04187

Maritza Vargas, Plaintiff, v. Town of Huntington et al., Defendants/Third-Party Plaintiffs-Appellants. Frank J. Neri, Jr., et al., Third-Party Defendants-Respondents.

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

Decided June 29, 2022.

Attorney(s) appearing for the Case

Milber Makris Plousadis & Seiden, LLP, Woodbury, NY ( Lorin A. Donnelly , of counsel), for defendants third-party plaintiffs-appellants.

Kritzer Law Group, Smithtown, NY ( David S. Kritzer and Donna K. Prox , of counsel), for third-party defendants-respondents Frank J. Neri, Jr., and United Parcel Service.

Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, NY [ Joel A. Sweetbaum and Marshall D. Sweetbaum ], of counsel), for third-party defendants-respondents Susan Apostolopoulos and BTT D. Apostolopoulos.

Connolly, J.P., Roman, Maltese and Christopher, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motion of the third-party defendants Frank J. Neri, Jr., and United Parcel Service and that branch of the cross motion of the third-party defendants Susan Apostolopoulos and BTT D. Apostolopoulos which were for summary judgment dismissing the third-party complaint insofar as asserted against each of them are denied, and the cross...

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