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ROMERO v. VALDEZ

Index No. 23637/20. Appeal No. 424. Case No. 2023-00758.

217 A.D.3d 485 (2023)

188 N.Y.S.3d 508

2023 NY Slip Op 03081

Roberto Romero Jr., Appellant, v. Luis Javier Valdez et al., Respondents.

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

Decided June 8, 2023.

Attorney(s) appearing for the Case

Brand Brand Nomberg & Rosenbaum, LLP, New York ( Brett J. Nomberg of counsel), for appellant.

Carman, Callahan & Ingham, LLP, Farmingdale ( Anne P. O'Brien of counsel), for respondents.

Concur—Webber, J.P., González, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Bianka Perez, J.), entered December 9, 2022, which denied plaintiff's motion for leave to renew his motion for summary judgment on liability and to strike the emergency doctrine affirmative defense, unanimously affirmed, without costs.

Plaintiff failed to offer new facts that would change the prior determination denying plaintiff summary judgment on liability, as the deposition testimony of defendant Luis Javier Valdez was consistent...

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