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ESTRELLA-DUARTE v. RACHEL CHO INC.

Index No. 450294/19. Appeal No. 16772. Case No. 2022-00098.

211 A.D.3d 405 (2022)

177 N.Y.S.3d 481

2022 NY Slip Op 06867

Antonio M. Estrella-Duarte, Plaintiff, v. Rachel Cho Inc. et al., Respondents. Rachel Cho Inc., Third-Party Plaintiff-Respondent, v. Juan P. Tavarez, Third-Party Defendant-Appellant.

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

Decided December 1, 2022.

Attorney(s) appearing for the Case

Law Office of Nicole Lesperance, Westbury ( Susan J. Mitola of counsel), for appellant.

Scahill Law Group P.C., Bethpage ( Keri A. Wehrheim of Counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Moulton, González, Rodriguez, Higgitt, JJ.

Order, Supreme Court, New York County (Lisa S. Headley, J.), entered on or about October 1, 2021, which denied third-party defendant Juan P. Tavarez's motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

The court correctly denied Tavarez's motion for summary judgment, as there are differing versions as to how the automobile accident occurred (see Sanyang v Davis, 198 A.D.3d 522 [1st Dept 2021]; G.G.N. v...

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