CURTO v. KAHN PROPERTY OWNER, LLC

2023-04667, Index No. 600946/20.

2024 NY Slip Op 01290

ANTHONY CURTO, ET AL., Appellants, v. KAHN PROPERTY OWNER, LLC, ET AL., Respondents.

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

Decided March 13, 2024.


Attorney(s) appearing for the Case

Sullivan Papain Block McGrath Coffinas & Cannavo P.C., Garden City, NY ( Robert G. Sullivan , Stephen C. Glasser , Christopher J. DelliCarpini , and Vito A. Cannavo of counsel), for appellants.

Keith J. Conway , Melville, NY ( Patricia Rech and Shannon Davis of counsel), for respondents.

Before: Angela G. Iannacci, J.P., Joseph J. Maltese, Helen Voutsinas, Lourdes M. Ventura, JJ.


DECISION & ORDER

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Paul J. Baisley, Jr., J.), dated April 28, 2023. The order granted the defendants' motion for summary judgment dismissing the complaint and denied, as academic, the plaintiffs' motion pursuant to CPLR 3403 for a trial preference.

ORDERED that the order is reversed, on the law, with costs, the defendants...

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