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DARBEAU v. 136 W. 3rd ST., LLC

Index No. 22428/12, Appeal No. 1911, Case No. 2023-00748.

2024 NY Slip Op 01672

MYIKA DARBEAU, Appellant, v. 136 WEST 3rd STREET, LLC, ET AL., Respondents.

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

Decided March 26, 2024.

Attorney(s) appearing for the Case

Law Offices of Alan H. Greenberg, P.C., Melville ( Alan Greenberg of counsel), for appellant.

Stonberg Hickman & Pavloff, LLP, New York ( Kevin A. Hickman of counsel), for 136 West 3rd Street, LLC, respondent.

Ahmuty, Demers & McManus, New York ( Frank J. Wenick of counsel), for Rayon McIntosh, respondent.

Before: Webber, J.P., Kern, Kennedy, Higgitt, Michael, JJ.

Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered on or about January 13, 2023, which granted defendant restaurant owner (the LLC)'s motion for summary judgment dismissing plaintiff's claims of negligent hiring and supervision and of vicarious liability due to the negligent or intentional conduct of defendant employee (McIntosh), and denied plaintiff's motion for partial summary judgment as to the LLC's liability on her negligent hiring and supervision...

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