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PACHECO v. JABALERA

Index No. 29973/20. Appeal No. 17520. Case No. 2022-00597.

214 A.D.3d 516 (2023)

186 N.Y.S.3d 161

2023 NY Slip Op 01362

Victor C. Pacheco et al., Respondents, v. Francisco Jabalera, Appellant, and Tomasz Chorostecki et al., Respondents, et al., Defendant.

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

Decided March 16, 2023.

Attorney(s) appearing for the Case

McCabe, Collins McGeough, Flower, Levine & Nogan LLP, Jericho ( James M. Hayes of counsel), for appellant.

Concur—Friedman, J.P., González, Kennedy, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Veronica G. Hummel, J.), entered on or about January 14, 2022, which denied defendant Francisco Jabalera's motion to dismiss the complaint pursuant to CPLR 3211(a)(1), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiffs commenced this action to recover damages for injuries sustained in a motor vehicle accident. In the complaint, plaintiffs alleged...

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