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CHAMBERS v. CITY OF NY

309 A.D.2d 81 (2003)

764 N.Y.S.2d 708

SHAMIKA CHAMBERS et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

September 29, 2003.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Barry P. Schwartz and Julie Steiner of counsel), for appellants.

David Horowitz, P.C., New York City (Steven J. Horowitz of counsel), for respondents.

FEUERSTEIN, J.P., LUCIANO and TOWNES, JJ., concur.

OPINION OF THE COURT

FRIEDMANN, J.

At issue on the instant appeal is whether a plaintiff who was struck by a vehicle is entitled to summary judgment on the issue of liability against the vehicle's owner after the plaintiff obtains a default judgment against the operator of the vehicle in a separate action. We conclude that the plaintiff is not entitled to summary judgment in these circumstances, and therefore, we reverse the order which granted the plaintiff...

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