WALCOTT v. SMILCHENSKY

2017-01711. Index No. 20516/13.

165 A.D.3d 1009 (2018)

85 N.Y.S.3d 141

2018 NY Slip Op 06962

Andrew W. Walcott, Appellant, v. Benzion Smilchensky, Respondent. (And a Third-Party Action.)

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

Decided October 17, 2018.


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 so much of the complaint as sought to recover damages for personal injuries is denied.

The plaintiff commenced this action, inter alia, to recover damages for personal injuries that he allegedly sustained in a motor vehicle accident on July 11, 2011. The defendant moved for summary judgment dismissing...

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