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ALVAREZ v. BRACCHITTA

Index No. 34274/19E. Appeal No. 16619. Case No. 2022-00241.

210 A.D.3d 458 (2022)

178 N.Y.S.3d 489

2022 NY Slip Op 06313

Maryann Alvarez et al., Appellants, v. Robert Bracchitta, Defendant, and Edgar J. Fernandez et al., Respondents.

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

Decided November 10, 2022.

Attorney(s) appearing for the Case

Saracino Morris Law Group PLLC, Harrison ( Peter John Morris of counsel), for appellants.

Law Offices of Jennifer S. Adams, Yonkers ( Ryan Mainhardt of counsel), for Edgar J. Fernandez, respondent.

Marshall Dennehey Warner Coleman & Goggin, P.C., New York ( Andrew Thebaud of counsel), for Medley Pharmacy Inc., respondent.

Concur—Renwick, J.P., Oing, Singh, Kennedy, Mendez, JJ.

Order, Supreme Court, Bronx County (Bianka Perez, J.), entered on or about January 13, 2022, which, to the extent appealed from, denied plaintiffs' motion for summary judgment on liability as against defendant Edgar J. Fernandez, denied their cross motion for summary judgment on liability against defendant Medley Pharmacy Inc., and granted Fernandez's cross motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

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