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BROCCO v. EASTERN METAL RECYCLING TERMINAL LLC

Index No. 20513/16E. Appeal Nos. 16985, 16986. Case Nos. 2022-01609, 2022-03812.

211 A.D.3d 628 (2022)

181 N.Y.S.3d 535

2022 NY Slip Op 07495

Giacomino Brocco et al., Appellants, v. Eastern Metal Recycling Terminal LLC et al., Respondents, et al., Defendants.

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

Decided December 29, 2022.

Attorney(s) appearing for the Case

Romano & Associates, Garden City ( Michael J. Romano of counsel), for appellants.

Cerussi & Spring, P.C., White Plains ( Richard D. Bentzen of counsel), for Eastern Metal Recycling Terminal LLC, respondent.

Gordon Rees Scully Mansukhani, LLP, New York ( Maxine Nicholas , and James L. Messenger of the bar of the Commonwealth of Massachusetts and Brian J. Wall , of the bar of the Commomwealth of Massachusetts and the State of Rhode Island, admitted pro hac vice of counsel), for Port Authority of New York and New Jersey and Port of Newark Terminal, respondents.

Concur—Kern, J.P., Kennedy, Scarpulla, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, Bronx County (Ruben Franco, J.), entered on or about October 19, 2021, which, to the extent appealed from, granted defendant Eastern Metal Recycling Terminal LLC's (EMR) motion to dismiss the complaint as against it for lack of personal jurisdiction and granted defendants Port Authority of New York and New Jersey and Port of Newark Terminal's (together, Port Authority) motion for summary judgment dismissing the complaint as against them, unanimously...

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