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MARRA v. ZAICHENKO

534416.

214 A.D.3d 1165 (2023)

185 N.Y.S.3d 815

2023 NY Slip Op 01335

Anthony Marra, Appellant, v. Pavel N. Zaichenko, Individually and Doing Business as Soft N'Cushy Auto Upholstery and Accessories, Respondent.

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

Decided March 16, 2023.

Attorney(s) appearing for the Case

DeGraff, Foy & Kunz, LLP, Albany ( George J. Szary of counsel), for appellant.

Burke, Scolamiero & Hurd, LLP, Albany ( Steven V. DeBraccio of counsel), for respondent.

Clark, J.P., and Reynolds Fitzgerald, JJ., concur.

Appeal from an order of the Supreme Court (Mark L. Powers, J.), entered October 19, 2021, in Schenectady County, which granted defendant's motion for summary judgment dismissing the complaint.

On the morning of February 12, 2019, plaintiff left his vehicle at Soft N' Cushy Auto Upholstery and Accessories (hereinafter

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