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DURAN v. COMMERCIAL MEXICANA INTERNACIONAL, INC.

2022-06005. Index No. 718314/20.

217 A.D.3d 840 (2023)

191 N.Y.S.3d 481

2023 NY Slip Op 03337

Anthony Peralta Duran, Respondent, v. Commercial Mexicana Internacional, Inc., et al., Appellants, et al., Defendants.

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

Decided June 21, 2023.

Attorney(s) appearing for the Case

Cascone & Kluepfel, LLP, Farmingdale, NY ( Howard B. Altman of counsel), for appellants.

Gambone Law Group, PLLC ( Mitchell Dranow , Sea Cliff, NY, of counsel), for respondent.

Connolly, J.P., Genovesi, Voutsinas and Wan, JJ., concur.

In an action to recover damages for personal injuries, the defendants Commercial Mexicana Internacional, Inc., and John Doe appeal from an order of the Supreme Court, Queens County (Robert I. Caloras, J.), entered July 13, 2022. The order denied the motion of the defendants Commercial Mexicana Internacional, Inc., and John Doe for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The...

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