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XUEZHEN DONG v. CRUZ-MARTE

Index No. 23584/17, Appeal No. 1395, Case No. 2023-02016.

2024 NY Slip Op 00130

XUEZHEN DONG ETC., ET AL., Plaintiffs-Respondents, v. DELVIN J. CRUZ-MARTE ET AL., Defendants-Appellants, WENHUA SUNG ET AL., Defendants-Respondents.

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

Decided January 11, 2024.

Attorney(s) appearing for the Case

Marshall, Dennehey Warner Coleman & Goggin, P.C., Purchase ( Steven Saal of counsel), for Delvin J. Cruz-Marte, appellant.

Foster & Mazzie LLC, New York ( Mario A. Batelli of counsel), for Keystone Freight Corporation and Mystic Island Transport Inc., appellants.

Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C., New York ( Logan Youngworth-Wright of counsel), for Xuezhen Dong as Administrator of the Estate of Jing Yin Jiang and individually, respondents.

Carman, Callahan & Ingham, LLP, Farmingdale ( William A. Healy, IV of counsel), for Wenhua Sung and Gloria Y. Sung, respondents.

Before: Kern, J.P., Oing, Singh, Kapnick, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Bianka Perez, J.), entered on or about October 14, 2022, which denied the motion of defendant Delvin J. Cruz-Marte and the motion of defendants Keystone Freight Corporation and Mystic Island Transports, Inc. for summary judgment dismissing all claims and cross-claims as against them, unanimously affirmed, without costs.

Plaintiff's decedent was killed as he rode an electric bicycle on Broadway. The street was partially blocked by...

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