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LORENZO v. GREAT PERFORMANCES/ARTISTS AS WAITRESSES, INC.

Index Nos. 161170/13, 595347/14, 595339/16, 595661/16. Appeal No. 16984. Case No. 2022-01709.

211 A.D.3d 640 (2022)

182 N.Y.S.3d 52

2022 NY Slip Op 07505

Hector Lorenzo, Appellant, v. Great Performances/Artists as Waitresses, Inc., et al., Defendants, and CPS 5 LLC, Respondent. (And Third-Party Actions.)

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

Decided December 29, 2022.

Attorney(s) appearing for the Case

Certain & Zilberg, PLLC, New York ( Douglas Herring of counsel), for appellant.

Rende, Ryan & Downes, LLP, White Plains ( Alissa A. Mendys of counsel), for respondent.

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

Order, Supreme Court, New York County (Richard Latin, J.), entered on or about December 16, 2021, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summary judgment on the issue of liability on his cause of action pursuant to the Dram Shop Act (General Obligations Law § 11-101) as against defendant CPS 5 LLC, and granted defendants CPS 5 and Great Expectations Catering LLC's (collectively, CPS) motion for summary judgment dismissing...

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