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BAILEY v. GABRIELLI TRUCK LEASING LLC

Index No. 154850/19. Appeal No. 16746. Case No. 2022-01675.

210 A.D.3d 573 (2022)

180 N.Y.S.3d 66

2022 NY Slip Op 06740

Sharon Bailey, Respondent, v. Gabrielli Truck Leasing LLC et al., Appellants.

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

Decided November 29, 2022.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, LLP, White Plains ( Joseph A.H. McGovern of counsel), for appellants.

Hasapidis Law Offices, South Salem ( Annette G. Hasapidis of counsel), for respondent.

Concur—Acosta, P.J., Kern, Singh, Scarpulla, Pitt, JJ.

Order, Supreme Court, New York County (Lisa S. Headley, J.), entered December 3, 2021, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for summary judgment on liability against defendant Denroy Keith Duncan and dismissed defendants' affirmative defenses of comparative negligence and failure to use a seatbelt, and denied defendants Gabrielli Truck Leasing LLC and Gabrielli Holding Co. Inc...

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