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McDOWELL v. RODRIGUEZ

Index No. 152151/17. Appeal No. 885. Case No. 2022-05638.

220 A.D.3d 577 (2023)

198 N.Y.S.3d 682

2023 NY Slip Op 05368

Frank McDowell, Respondent, v. Kristin Rodriguez, Appellant/Third-Party Plaintiff-Appellant, et al., Defendant, et al., Third-Party Defendant.

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

Decided October 24, 2023.

Attorney(s) appearing for the Case

Carman, Callahan & Ingham, LLP, Farmingdale ( James Carman of counsel), for appellant.

Chirico Law PLLC, Brooklyn ( Vincent Chirico of counsel), for respondent.

Concur—Kern, J.P., Singh, Gesmer, Scarpulla, O'Neill Levy, JJ.

Order, Supreme Court, New York County (James G. Clynes, J.), entered July 12, 2022, which granted plaintiff's motion for summary judgment on the issue of liability against defendant/third-party plaintiff Kristin Rodriguez, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff, while a passenger in a vehicle operated by Rodriguez, sustained injuries when Rodriguez struck a vehicle operated by third-party defendant Yira De La Espada. Although...

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