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CORNEJO v. CITY OF NEW YORK

Index No. 31282/18 Appeal No. 1184 Case No. 2023-01501.

222 A.D.3d 451 (2023)

201 N.Y.S.3d 43

2023 NY Slip Op 06329

Kiara S. Cornejo, as Administrator of the Estate of Danny I. Cornejo Coello, Deceased, et al., Plaintiffs, v. City of New York, Defendant, Zebra Technical Services, Respondent, and Empire City Subway Company, Appellant. (And a Third-Party Action.)

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

Decided December 12, 2023.

Attorney(s) appearing for the Case

Goldberg Segalla LLP, New York ( Matthew Levy of counsel), for appellant.

Gallo Vitucci Klar LLP, New York ( Nicholas Vevante of counsel), for respondent.

Concur— Kern, J.P., Singh, Kennedy, Mendez, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered on January 12, 2023, which denied defendant/third party plaintiff Empire City Subway Company's motion for summary judgment dismissing all claims and cross-claims as against it, unanimously affirmed, without costs.

Plaintiff Jose Cornejo testified that he and his brother, Danny Cornejo, were riding motorcycles westbound on Bronx and Pelham Parkway when...

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