FLORES v. RUBENSTEIN

2018-09650, Index No. 9705/16.

175 A.D.3d 1490 (2019)

109 N.Y.S.3d 390

2019 NY Slip Op 06747

Miguel Flores, Appellant, v. Joseph Rubenstein, Respondent.

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

September 25, 2019.


Attorney(s) appearing for the Case

Subin Associates, LLP, New York, NY ( Robert J. Eisen and Christopher J. Soverow of counsel), for appellant.

Picciano & Scahill, P.C., Bethpage, NY ( Andrea E. Ferrucci and Keri Wehrheim of counsel), for respondent.

Chambers, J.P., Maltese, Duffy and Christopher, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured while riding his bicycle when he came into contact with the driver's side door of the defendant's vehicle as it was being opened by the defendant. The plaintiff commenced this action against the defendant to recover damages for personal injuries. Thereafter, the plaintiff moved for summary judgment on the issue of liability, arguing that he "was not at fault in the happening of this...

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