KIM v. ACOSTA

2009-05463

72 A.D.3d 648 (2010)

897 N.Y.S.2d 721

JOEL KIM et al., Appellants, v. CARLOS F. ACOSTA, Respondent.

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

Decided April 6, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint on the ground that the conduct of the plaintiff Eun Youn Kim was the sole proximate cause of the accident is denied.

During the afternoon of April 23, 2005, a vehicle operated and owned by the defendant collided with a vehicle operated by the plaintiff Eun Youn Kim (hereinafter the mother...

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