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SASON v. DYKES LBR. CO., INC.

Index No. 190257/17. Appeal No. 1033. Case No. 2023-03840.

221 A.D.3d 491 (2023)

199 N.Y.S.3d 56

2023 NY Slip Op 05796

Raphael Sason, Respondent, v. Dykes Lumber Company, Inc., Appellant, et al., Defendants.

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

Decided November 16, 2023.

Attorney(s) appearing for the Case

Clyde & Co US LLP, New York ( Kevin C. McCaffrey of counsel), for appellant.

Weitz & Luxenberg, P.C., New York ( Pierre A. Ratzki of counsel), for respondent.

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

Order, Supreme Court, New York County (Adam Silvera, J.), entered on or about July 24, 2023, which denied defendant Dykes Lumber Company, Inc.'s motion for summary judgment dismissing the complaint and any cross-claims as against it, unanimously affirmed, without costs.

Plaintiff Raphael Sason testified that he and his brother, decedent Uziel Sason, operated a woodworking shop from approximately 1967 to 1980, and frequently...

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