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CALLE v. 2118 FLATBUSH AVE. REALTY, LLC

2021-04532. Index No. 501425/20.

209 A.D.3d 961 (2022)

177 N.Y.S.3d 297

2022 NY Slip Op 05981

Luis Calle, Plaintiff, v. 2118 Flatbush Avenue Realty, LLC, et al., Respondents, and V&M 2116 Flatbush Avenue Owners, LLC, Appellant. Union Mutual Fire Insurance Company, Nonparty Appellant.

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

Decided October 26, 2022.

Attorney(s) appearing for the Case

Gold, Benes, LLP, Bellmore, NY ( Jeffrey B. Gold and Karen C. Higgins of counsel), for defendant-appellant and nonparty-appellant.

Koster, Brady & Nagler, New York, NY ( Preeti V. Dawane of counsel), for respondents.

Barros, J.P., Miller, Genovesi and Voutsinas, JJ., concur.

In an action to recover damages for injury to personal property, the defendant V&M 2116 Flatbush Avenue Owners, Inc., incorrectly sued herein as V&M 2116 Flatbush Avenue Owners, LLC, and nonparty Union Mutual Fire Insurance Company, as subrogee of V&M 2116 Flatbush Avenue Owners, Inc., appeal from an order of the Supreme Court, Kings County (Ingrid Joseph, J.), dated June 15, 2021. The order, insofar as appealed from, in effect, denied that branch of the motion...

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