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WHALEY v. CARVANA NEW YORK CITY

2022-02349. Index No. 712110/21.

219 A.D.3d 1561 (2023)

196 N.Y.S.3d 560

2023 NY Slip Op 04794

Aleta Whaley, Appellant, v. Carvana New York City et al., Defendants, and Carvana, LLC, Also Known as Carvana of Arizona, LLC, et al., Respondents.

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

Decided September 27, 2023.

Attorney(s) appearing for the Case

Cellino Law LLP, Melville, NY ( Joshua B. Sandberg of counsel), for appellant.

Lewis, Brisbois, Bisgaard & Smith LLP, New York, NY ( James M. Strauss of counsel), for respondents.

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

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Allan B. Weiss, J.), entered March 25, 2022. The order denied the plaintiff's motion for summary judgment on the issue of liability against the defendants Carvana, LLC, and Jerome H. Nicks.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment...

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