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ROSAS v. PETKOVICH

2021-03427, 2021-08577. Index No. 53115/20.

218 A.D.3d 814 (2023)

193 N.Y.S.3d 254

2023 NY Slip Op 03937

Brianna O. Rosas, Appellant, v. James F. Petkovich, Respondent.

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

Decided July 26, 2023.

Attorney(s) appearing for the Case

Keith S. Rinaldi, P.C. (Treybich Law, P.C., Poughkeepsie, NY [ Michael Treybich ], of counsel), for appellant.

McCabe & Mack LLP, Poughkeepsie, NY ( Kimberly Hunt Lee of counsel), for respondent.

Duffy, J.P., Maltese, Dowling and Warhit, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Dutchess County (Hal B. Greenwald, J.), dated April 12, 2021, and (2) an order of the same court dated October 8, 2021. The order dated April 12, 2021, granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint. The order dated October 8, 2021, insofar as appealed from, denied, as academic,...

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