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SIDDIQUI v. SMITH

2020-03714. Index No. 707580/17.

207 A.D.3d 681 (2022)

173 N.Y.S.3d 23

2022 NY Slip Op 04660

Salim Siddiqui, Respondent, v. Tirrell T. Smith et al., Appellants, et al., Defendants.

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

Decided July 20, 2022.

Attorney(s) appearing for the Case

McCabe, Collins, McGeough, Fowler, Levine & Nogan LLP, Carle Place, NY ( Patrick M. Murphy of counsel), for appellants.

Sacco & Fillas, LLP, Astoria, NY ( Alexander Berger of counsel), for respondent.

Barros, J.P., Brathwaite Nelson, Miller and Zayas, JJ., concur.

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

In this action to recover damages for personal injuries in connection with a motor vehicle collision, the defendants Tirrell T. Smith and Felix A. Smith (hereinafter together the defendants) moved, inter alia, pursuant to CPLR 3025(b) for leave to amend their answer to include a new affirmative defense based on res judicata and collateral estoppel. In an order entered February 27, 2020, the Supreme...

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