VIERA v. RYMDZIONEK

2012-00597

112 A.D.3d 915 (2013)

977 N.Y.S.2d 390

2013 NY Slip Op 8615

CARMEN A. VIERA, Appellant, v. ANIELA RYMDZIONEK, Respondent.

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

Decided December 26, 2013.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Taylor, J.), dated October 31, 2011, which granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff alleged that on January 29, 2009, between 3:00 a.m. and...

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