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JIN v. HERMAN

Index No. 155675/19. Appeal No. 16266. Case No. 2021-03517.

208 A.D.3d 1102 (2022)

174 N.Y.S.3d 263

2022 NY Slip Op 05274

Hong Jin et al., Respondents, v. Henry Herman et al., Defendants, and Binyan Lorimer, LLC, et al., Appellants.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Cohen, LaBarbera & Landrigan, LLP, Chester ( Kyle A. Seiss of counsel), for appellants.

Caesar and Napoli, P.C., New York ( Ernest A. Spivak of counsel), for respondents

Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.

Defendants' motion to dismiss the complaint was properly denied in this personal injury and wrongful death action arising out of a motor vehicle, operated by defendant Henry Herman, striking plaintiffs pedestrians. Accepting the facts as alleged by plaintiffs as true (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), plaintiffs have stated a cause of action in vicarious liability as against the moving defendants in as much as they...

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