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CUMBAL v. 83-09 35th REALTY, LLC

2021-03749, Index No. 710025/20.

2024 NY Slip Op 00404

JONATHAN CUMBAL, Respondent, v. 83-09 35th REALTY, LLC, Appellant; CITY OF NEW YORK, Third-Party Defendant.

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

Decided January 31, 2024.

Attorney(s) appearing for the Case

Margaret G. Klein (Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Lauren E. Bryant ], of counsel), for appellant.

Subin Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Paul Seidenstock ], of counsel), for respondent.

Before: Angela G. Iannacci, J.P., Joseph J. Maltese, Linda Christopher, Laurence L. Love, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals from an order of the Supreme Court, Queens County (Tracy Catapano-Fox, J.), dated April 30, 2021. The order granted the plaintiff's motion for summary judgment on the issue of the defendant third-party plaintiff's liability.

ORDERED that the order is affirmed, with costs.

The plaintiff commenced this action against 83-09 35th Realty...

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