RIVERA v. GARDILLO

2012-09571

113 A.D.3d 667 (2014)

978 N.Y.S.2d 689

2014 NY Slip Op 215

GUSTAVE A. RIVERA, Appellant, v. IVAN O. GARDILLO et al., Respondents.

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

Decided January 15, 2014.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jacobson, J.), dated May 17, 2012, which denied his motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The plaintiff established his prima facie entitlement to judgment as a matter of law by submitting a transcript of his deposition testimony, wherein he stated that he had been at...

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