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FOXX v. BERROSA AUTO CORP.

Index No. 27481/18, Appeal No. 2298, Case No. 2023-03790.

2024 NY Slip Op 02660

DENISE FOXX, Respondent, v. BERROSA AUTO CORP., ET AL., Appellants, FRANCIS BURGOS, Defendant.

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

Decided May 14, 2024.

Attorney(s) appearing for the Case

Molod Spitz & DeSantis, P.C., New York ( Claire Lieber of counsel), for appellants.

Harris Keenan & Goldfarb PLLC, New York ( Daniel J. Neiger of counsel), for respondent.

Before: Singh, J.P., Moulton, Mendez, Rosado, Michael, JJ.

Order, Supreme Court, Bronx County (Patsy Gouldborne, J.), entered on or about July 17, 2023, which denied defendants Berrosa Auto Corp. and Daniel S. Almonte's motions to strike plaintiff's note of issue and for summary judgment dismissing the complaint against them, unanimously affirmed, without costs.

The court correctly denied defendants' motion to strike the note of issue. Plaintiff properly filed the note of issue on September 24, 2020, during the period from...

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