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ALFONSO v. TRUCAR LEASING CORP.

Index No. 35820/20, Appeal No. 1787, Case No. 2023-01444.

2024 NY Slip Op 01154

CRISTIAN ALFONSO, Plaintiff-Respondent, v. TRUCAR LEASING CORP., ET AL., Defendants-Appellants, AF & JR TRUCK REPAIRS, INC., Defendant.

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

Decided March 5, 2024.

Attorney(s) appearing for the Case

Malapero Prisco & Klauber, LLP, New York ( Francis B. Mann, Jr. of counsel), for Trucar Leasing Corp., and American Compressed Gases Inc., appellants.

Nicoletti Spinner Ryan Gulino Pinter, New York ( Matthew G. Corcoran of counsel), for Dry Ice Corp., appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Joshua Block of counsel), for respondent.

Before: Singh, J.P., Friedman, Rodriguez, Higgitt, Rosado, JJ.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered November 16, 2022, which, to the extent appealed from as limited by the briefs, denied the motions to dismiss of defendants Dry Ice Corp., and of Trucar Leasing Corp. (Trucar) and American Compressed Gases Inc. (American), to dismiss the complaint, unanimously modified, on the law, the motions granted with respect to the fourth, sixth, and seventh causes of action, and otherwise affirmed, without costs.

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