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HIDALGO v. WCBS-TV

Index No. 802361/21E. Appeal No. 1031. Case No. 2022-03118.

221 A.D.3d 486 (2023)

198 N.Y.S.3d 85

2023 NY Slip Op 05789

Daurin D. Hidalgo et al., Appellants, v. WCBS-TV, Respondent, et al., Defendant.

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

Decided November 16, 2023.

Attorney(s) appearing for the Case

Mitchell Dranow , Sea Cliff, for appellants.

Newman Law Associates PLLC, New York ( Gregory Bakos ) of counsel, for respondent.

Concur—Renwick, P.J., Kern, Gesmer, Shulman, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on July 12, 2022, which, to the extent appealed from as limited by the briefs, granted defendant WCBS-TV's CPLR 3211(a)(7) motion to dismiss, unanimously affirmed, with costs.

WCBS-NY submitted unrefuted evidence establishing that the van involved in the accident had been stolen, thereby rebutting the presumption that it was being operated with its consent...

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