HIGASHI v. M&R SCARSDALE REST., LLC

2018-14838, Index No. 53322/17.

176 A.D.3d 788 (2019)

111 N.Y.S.3d 92

2019 NY Slip Op 07240

Yayoi Higashi et al., Appellants, v. M&R Scarsdale Restaurant, LLC, et al., Respondents.

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

Decided October 9, 2019.


Attorney(s) appearing for the Case

Tomkiel & Tomkiel, Scarsdale, NY ( Matthew Tomkiel of counsel), for appellants.

Milber Makris Plousadis & Seiden, LLP, White Plains, NY ( Natasha Rabinovich of counsel), for respondent M & R Scarsdale Restaurant, LLC.

Picciano & Scahill, P.C., Bethpage, NY ( Andrea E. Ferrucci of counsel), for respondents Anthony J. Larosa and Anthony P. Larosa.

Mastro, J.P., Balkin, Barros and Christopher, JJ., concur.


Ordered that the order is reversed, on the law, with one bill of costs payable by the defendants appearing separately and filing separate briefs, and the plaintiffs' motion for summary judgment on the issue of liability and dismissing the defendants' affirmative defenses alleging comparative negligence is granted.

On October 28, 2016, at about 7:30 p.m., the plaintiff Yayoi Higashi (hereinafter the injured plaintiff), a pedestrian, was struck by a vehicle operated...

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