SHAMSOODEEN v. KIBONG


41 A.D.3d 577 (2007)

839 N.Y.S.2d 765

GUMTIE SHAMSOODEEN, Appellant, v. LEE KIBONG et al., Respondents.

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

Decided June 12, 2007.


Ordered that the order is affirmed, with costs.

The present action arises from a two-car motor vehicle accident occurring on the Long Island Expressway on the evening of February 5, 2004. The plaintiff contends, as a threshold issue, that the Supreme Court erred in entertaining the defendants' motion for summary judgment dismissing the complaint since their answer had been stricken. The plaintiff's contention is without merit. Although the Supreme Court did, in fact...

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