DIAMOND v. COMINS

2019-12777. Index No. 53785/19.

194 A.D.3d 784 (2021)

148 N.Y.S.3d 492

2021 NY Slip Op 03019

Mari Diamond, Appellant, v. Justin K. Comins et al., Respondents.

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

Decided May 12, 2021.


Attorney(s) appearing for the Case

Law Office of Ryan S. Goldstein, PLLC, Bronx, NY, for appellant.

Burke, Conway & Steifeld (Mauro Lilling Naparty LLP, Woodbury, NY [ Seth M. Weinberg and Anthony F. DeStefano ], of counsel), for respondents.

Chambers, J.P., Austin, Miller and Wooten, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the issue of liability insofar as asserted against the defendants Justin K. Comins and Northline Utilities, LLC, and dismissing their first affirmative defense, alleging comparative negligence, are granted.

On June 30, 2017, at about 11:20 a.m., the plaintiff's vehicle was struck in the rear by a vehicle...

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