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COUSINS v. GLOVER

Index No. 21073/17. Appeal No. 1098. Case No. 2023-01078.

221 A.D.3d 526 (2023)

198 N.Y.S.3d 535

2023 NY Slip Op 06082

Lydia J. Cousins, Respondent, v. Andrew D. Glover, Defendant, and Target Corporation, Appellant.

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

Decided November 28, 2023.

Attorney(s) appearing for the Case

Connell Foley LLP, New York ( Brian P. Morrissey of counsel), for appellant.

Adams Law Firm, P.C., Bardonia ( Jeffrey M. Adams of counsel), for respondent.

Concur—Oing, J.P., Gesmer, Mendez, Shulman, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Bianka Perez, J.), entered September 28, 2022, which, insofar as appealed from, denied defendant Target Corporation's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly found that there were triable issues of fact as to whether Glover was acting within the scope of his employment for Target at the time his vehicle hit the rear...

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