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CRUDELE v. PRICE

2021-01873. Index No. 608551/20.

218 A.D.3d 536 (2023)

192 N.Y.S.3d 554

2023 NY Slip Op 03765

Gerard J. Crudele, Appellant, v. Jennifer C. Price et al., Respondents.

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

Decided July 12, 2023.

Attorney(s) appearing for the Case

Krentsel Guzman Herbert, LLP (Mischel & Horn, P.C., New York, NY [ Scott T. Horn ], of counsel), for appellant.

Bartlett LLP, Melville, NY ( Sam Baharvar of counsel), for respondents Jennifer C. Price and Smithtown Fire Department.

McCabe & Mack, LLP, Poughkeepsie, NY ( James E. Kimmel of counsel), for respondents Michael Caruso and Lorraine Caruso.

Barros, J.P., Brathwaite Nelson, Ford and Warhit, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Martha L. Luft, J.), dated March 1, 2021. The order granted those branches of the separate motions of the defendants Michael Caruso and Lorraine Caruso and the defendants Jennifer C. Price and Smithtown Fire Department which were pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against each of them as time-barred, and directed...

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