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MORLAN v. ATLANTIC WESTERLY CO.

2020-07634. Index No. 612346/18.

214 A.D.3d 787 (2023)

186 N.Y.S.3d 57

2023 NY Slip Op 01288

Alex Morlan, Respondent, v. Atlantic Westerly Co. et al., Defendants, and Westerly Health Foods, Inc., Appellant. (And a Third-Party Action.).

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

Decided March 15, 2023.

Attorney(s) appearing for the Case

Vigorito, Barker, Patterson, Nichols & Porter, LLP, Valhalla, NY ( Bhalinder L. Rikhye , of counsel) for appellant.

Levidow, Levidow & Oberman, P.C. (Diamond & Diamond, LLC, Brooklyn, NY [ Stuart Diamond ], of counsel) for respondent.

Iannacci, J.P., Miller, Christopher and Wan, JJ., concur.

In an action to recover damages for personal injuries, the defendant Westerly Health Foods, Inc., appeals from an order of the Supreme Court, Nassau County (James P. McCormack, J.), entered September 3, 2020. The order, insofar as appealed from, denied that branch of that defendant's motion which was for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar...

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