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SHIVERS v. CITY SMILES DENTAL

Index No. 24351/18E. Appeal No. 17584. Case No. 2022-00501.

215 A.D.3d 410 (2023)

186 N.Y.S.3d 197

2023 NY Slip Op 01768

Dolores Shivers et al., Respondents, v. City Smiles Dental et al., Respondents-Appellants, and Riverbay Corporation et al., Appellants-Respondents.

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

Decided April 4, 2023.

Attorney(s) appearing for the Case

Malapero Prisco & Klauber LLP, New York ( Tracy Frankel , of counsel) for appellants-respondents.

Law Offices of Kevin P. Westerman, Elmsford ( Richard W. Ashnault , of counsel) for respondents-appellants.

Hasapidis Law Offices, South Salem ( Annette G. Hasapidis of counsel), for respondents-respondents.

Concur—Kern, J.P., Oing, Kennedy, Higgitt, JJ.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about August 5, 2021, which, to the extent appealed from as limited by the briefs, denied the motion of defendants Riverbay Corporation and Co-Op City Department of Public Safety (collectively, Riverbay) for summary judgment dismissing the cause of action under 42 USC § 1983, the causes of action alleging illegal detention, and the cross claim seeking common-law indemnity, and denied the motion of defendants...

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