URENA v. JACK


20 Misc.3d 20 (2008)

860 N.Y.S.2d 791

ANDREW URENA, Respondent, v. WENDELL JACK, Appellant.

Supreme Court, Appellate Term, First Department.

June 16, 2008.


Attorney(s) appearing for the Case

Cheven, Keely & Hatzis, New York City (William B. Stock of counsel), for appellant.

Mallilo & Grossman, Flushing (Francesco Pomara, Jr. of counsel), for respondent.

McKEON, P.J., DAVIS and HEITLER, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order, dated September 27, 2007, modified to deny defendant's motion for summary judgment on the merits, and as modified, affirmed, with $10 costs.

Plaintiff commenced this action in April 2006 to recover for personal injuries allegedly sustained in a March 2005 vehicular accident. In November 2006, prior to any discovery, plaintiff filed a notice of trial. Defendant...

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