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MELENDEZ v. PERLBERGER

Index No. 156807/18. Appeal No. 605. Case No. 2022-03770.

219 A.D.3d 1229 (2023)

196 N.Y.S.3d 61

2023 NY Slip Op 04725

Wanda Melendez, as Administrator of the Estate of Awilda Melendez, Deceased, Appellant, v. Carol S. Perlberger et al., Respondents.

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

Decided September 26, 2023.

Attorney(s) appearing for the Case

Mitchell Dranow , Sea Cliff, for appellant.

Callinan & Smith LLP, Wantagh ( Matthew J. Smith of counsel), for respondents.

Concur—Renwick, P.J., Moulton, Kennedy, Scarpulla, Higgitt, JJ.

Order, Supreme Court, New York County (James G. Clynes, J.), entered August 19, 2022, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Awilda Melendez commenced this action alleging that she sustained injuries when she was struck by defendants' vehicle near the intersection of 125th Street and Park Avenue in Manhattan. After the commencement of the action, Melendez passed away from unrelated causes...

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