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CARL DAILY LEASING CORP. v. LAROCHELLE

2021-04129. Index No. 524695/18.

211 A.D.3d 795 (2022)

178 N.Y.S.3d 457

2022 NY Slip Op 07048

Carl Daily Leasing Corp., Appellant, v. Andre Larochelle, Defendant, and S & M Caterers, Inc., et al., Respondents.

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

Decided December 14, 2022.

Attorney(s) appearing for the Case

Mark A. Bonilla , Bellmore, NY, for appellant.

Nicoletti Spinner Ryan Gulino Pinter, New York, NY ( Matthew G. Corcoran and Elana Schachner of counsel), for respondent S & M Caterers, Inc.

Franklin, Gringer & Cohen, P.C., Garden City, NY ( Steven E. Cohen of counsel), for respondent Solutions Event Services, Inc.

Duffy, J.P., Rivera, Genovesi and Taylor, JJ., concur.

In an action, inter alia, to recover damages for injury to property, the plaintiff appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated April 29, 2021. The order granted the motion of the defendant S & M Caterers, Inc., joined by the defendant Solutions Event Services, Inc., pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against each of them.

Ordered that the appeal is dismissed, without costs or disbursements...

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