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CALLE v. 16TH AVE. GROCERY, INC.

2020-06797. Index No. 512147/14.

219 A.D.3d 450 (2023)

194 N.Y.S.3d 116

2023 NY Slip Op 04104

Gloria Cecilia Diez Calle, Plaintiff, v. 16th Avenue Grocery, Inc., et al., Respondents, and Kemach Food Products Corp., Appellant, et al., Defendants.

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

Decided August 2, 2023.

Attorney(s) appearing for the Case

James J. Toomey , New York, NY ( Evy L. Kazansky of counsel), for appellant.

Newman Law Associates, PLLC, New York, NY ( Jon E. Newman and Greg P. Bakos of counsel), for respondents.

Dillon, J.P., Maltese, Genovesi and Taylor, JJ., concur.

In an action to recover damages for personal injuries, the defendant Kemach Food Products Corp. appeals from an order of the Supreme Court, Kings County (Loren Baily-Schiffman, J.), dated August 13, 2020. The order denied that defendant's motion for summary judgment dismissing the third amended complaint and all cross-claims insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, and...

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