PARISIEN v. ZIPCAR (2023)

Supreme Court, Appellate Term, New York,

Jules Francois PARISIEN, M.D., as Assignee of King, Andria A., Appellant, v. ZIPCAR, Respondent.

2023-19 K C

Decided: August 04, 2023

PRESENT: WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, LOURDES M. VENTURA, JJ.

The Rybak Firm, PLLC (Maksim Leyvi and Richard Rozhik of counsel), for appellant. Rubin, Fiorella, Friedman & Mercante, LLP (Michael Philippou of counsel), for respondent.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branch of defendant's motion seeking a permanent stay of the action is denied.

For the reasons stated in Parisien, as Assignee of Morain, Shania v Avis Car Rental, LLC (––– Misc 3d ––––, 2023 NY Slip Op –––– [appeal No. 2022-1016 K C], decided herewith), the order, insofar as appealed from, is reversed and the branch of defendant's motion seeking a permanent stay of the action is denied.

TOUSSAINT, P.J., MUNDY and VENTURA, JJ., concur.

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