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ORTIZ v. MAXON

450959/19. Appeal No. 16306-16306A. Case Nos. 2022-01024, 2022-01025.

208 A.D.3d 1133 (2022)

174 N.Y.S.3d 582

2022 NY Slip Op 05375

Joselito Paulino Ortiz, Plaintiff, v. Jeffrey M. Maxon, Appellant, and Bypass Orthotic and Prosthetic Corp. et al., Respondents.

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

Decided September 29, 2022.

Attorney(s) appearing for the Case

Montfort, Healy, McGuire & Salley LLP, Garden City ( Jeffrey D. Present of counsel), for appellant.

Morris Duffy Alonso Faley & Pitcoff, New York ( Iryna Krauchanka and Kevin Faley of counsel), for respondents.

Concur—Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, JJ.

In this action involving a double rear-end chain vehicle collision, Maxon is aggrieved by the dismissal of his cross claims as against the Garmise defendants, and thus has standing to appeal (see Jones v City of New York, 170 A.D.3d 559 [1st Dept 2019]). Although the Garmise defendants are no longer liable to plaintiff because the court granted their motion for summary judgment dismissing the complaint as against them and...

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