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NIETO v. 1054 BUSHWICK AVE, LLC

2020-09031. Index No. 519002/17.

219 A.D.3d 754 (2023)

195 N.Y.S.3d 85

2023 NY Slip Op 04320

Gabriel Nieto, Plaintiff, v. 1054 Bushwick Ave, LLC, et al., Defendants/Third-Party Plaintiffs-Appellants. Superpower Enterprises, Inc., Third-Party Defendant-Respondent.

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

Decided August 16, 2023.

Attorney(s) appearing for the Case

McMahon, Martine & Gallagher, LLP, Brooklyn, NY ( Daniel Reiser and Patrick W. Brophy of counsel), for defendants third-party plaintiffs-appellants.

Hannum Feretic Prendergast & Merlino, LLC, New York, NY ( Frank J. Lourenso and Erol B. Gurcan of counsel), for third-party defendant-respondent.

Brathwaite Nelson, J.P., Genovesi, Warhit and Wan, JJ., concur.

In an action to recover damages for personal injuries, the defendants/third-party plaintiffs appeal from an order of the Supreme Court, Kings County (Bruce M. Balter, J.), dated August 26, 2020. The order, insofar as appealed from, granted that branch of the motion of the third-party defendant which was to sever the third-party action from the main action.

Ordered that the order is reversed insofar as appealed from, on...

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