LEITCH v. HIMO


270 A.D.2d 464 (2000)

705 N.Y.S.2d 293

KENNETH LEITCH, Appellant, v. JOSEPH HIMO, Respondent.

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

Decided March 27, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

Upon renewal, the court properly vacated its prior order granting the plaintiff's motion for partial summary judgment on the issue of liability and denied that motion. Based on the evidence submitted in support of the defendant's motion for renewal, there is a triable issue of fact as to whether the defendant was faced with an emergency situation before the subject automobile collision (see...

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