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LEATHERS v. APPROVED OIL CO. OF BROOKLYN, INC.

Index No. 31903/18E. Appeal No. 17111. Case No. 2021-04721.

212 A.D.3d 482 (2023)

179 N.Y.S.3d 904

2023 NY Slip Op 00180

Emile Leathers, as Administrator of the Estate of Danielle Monique Leathers, Deceased, Appellant-Respondent, v. Approved Oil Co. of Brooklyn, Inc., et al., Respondents-Appellants.

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

Decided January 17, 2023.

Attorney(s) appearing for the Case

Kelner and Kelner, New York ( Gail S. Kelner of counsel), for appellant-respondent.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Nicholas P. Hurzeler of counsel), for respondents-appellants.

Concur—Kapnick, J.P., Friedman, Kennedy, Mendez, Shulman, JJ.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about December 9, 2021, which denied defendants' motion for summary judgment on liability and plaintiff's cross motion for the same relief, unanimously modified, on the law, to grant defendants partial summary judgment on the issue of plaintiff's decedent's negligence, and otherwise affirmed, without costs.

On March 23, 2017, at approximately 11:58 a.m., decedent Danielle Monique Leathers was struck...

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