Green v. Fasyal Kabir Mohammad Himon

Order, Supreme Court, New York County (George J. Silver, J.), entered on or about October 3, 2016, which denied defendant A+ Couriers’ pre-answer motion to dismiss the complaint as against it, unanimously reversed, on the law, without costs, and the motion granted pursuant to CPLR 3211 (a) (7). The Clerk is directed to enter judgment accordingly.

Plaintiff was severely injured when, while standing on the sidewalk, a taxicab hopped the curb and struck her. Just prior to the accident, the taxicab driver had an altercation with a bike messenger, defendant Olivo, who allegedly banged his hands and…