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MALIAKEL v. MORIO

2019-06719. Index No. 151997/18.

185 A.D.3d 1018 (2020)

2020 NY Slip Op 04298

Jaison Maliakel, Appellant, v. Joseph Morio, Respondent.

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

Decided July 29, 2020.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability and dismissing the eighth and eleventh affirmative defenses is granted.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained on May 7, 2018, when he was struck by the defendant's vehicle in Richmond County. After joinder of issue, but prior...

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