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KWAN v. KUIE CHIN YAP

2022-00668. Index No. 721509/20.

220 A.D.3d 715 (2023)

197 N.Y.S.3d 299

2023 NY Slip Op 05005

Cassinna Kwan, Individually and as Administrator of the Estate of A.M.T., Deceased, Respondent, v. Kuie Chin Yap et al., Defendants, and Cherry Tower Realty Corp. et al., Appellants.

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

Decided October 4, 2023.

Attorney(s) appearing for the Case

Morris Duffy Alonso Faley & Pitcoff, New York, NY ( Robert S. Whitbeck , Iryna S. Krauchanka , and Andrea M. Alonso of counsel), for appellants.

Queller, Fisher, Washor, Fuchs & Kool and the Law Offices of William A. Gallina, LLP ( Ephrem J. Wertenteil , New York, NY, of counsel), for respondent.

Law Office of Kim & Cha, LLP, Bayside, NY ( Michael Weisberg and Thomas S. Kim of counsel), for defendants Kuie Chin Yap and Ying Bin Zhang.

Brathwaite Nelson, J.P., Miller, Ford and Dowling, JJ., concur.

In an action to recover damages for personal injuries and wrongful death, etc., the defendants Cherry Tower Realty Corp., Board of Managers of Cherry Tower Condominium, and Cherry Tower Condominium appeal from an order of the Supreme Court, Queens County (Allan B. Weiss, J.), entered January 20, 2022. The order denied those defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them.

Ordered that the order is modified, on...

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