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ORLANDO v. GONZALEZ

2022-04927. Index No. 614797/21.

222 A.D.3d 989 (2023)

201 N.Y.S.3d 675

2023 NY Slip Op 06748

Jeremy L. Orlando, Appellant, et al., Plaintiff, v. Jose A. Garcia Gonzalez et al., Respondents.

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

Decided December 27, 2023.

Attorney(s) appearing for the Case

Dell & Dean, PLLC (Joseph G. Dell and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Nicholas S. Bruno ], of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith, LLP, New York, NY ( Meredith Drucker Nolen and Daniel Zybtsev of counsel), for respondents.

Connolly, J.P., Genovesi, Warhit and Wan, JJ., concur.

In an action to recover damages for personal injuries, etc., the plaintiff Jeremy L. Orlando appeals from an order of the Supreme Court, Suffolk County (Paul J. Baisley, Jr., J.), dated June 7, 2022. The order, insofar as appealed from, in effect, denied those branches of the plaintiffs' motion which were for summary judgment on the issue of liability insofar as asserted by the plaintiff Jeremy L. Orlando and dismissing the defendants' affirmative defense alleging comparative...

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