TROYANO v. BURRIS

2018-09443. Index No. 64925/15.

196 A.D.3d 525 (2021)

147 N.Y.S.3d 419

2021 NY Slip Op 04249

Michael J. Troyano, Appellant, v. Nicole Burris et al., Respondents.

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

Decided July 7, 2021.


Attorney(s) appearing for the Case

Ronemus & Vilensky ( Lisa M. Comeau , Garden City, NY, of counsel), for appellant.

Burke Conway & Dillon (Mauro Lilling Naparty LLP, Woodbury, NY [ Matthew W. Naparty and Kathryn Beer ], of counsel), for respondents.

Chambers, J.P., Austin, Brathwaite Nelson and Iannacci, JJ., concur.


Ordered that the judgment is reversed, on the law and in the exercise of discretion, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for a new trial on the issue of damages before a different Justice.

On February 6, 2015, a vehicle driven by the plaintiff collided with a vehicle operated by the defendant Nicole Burris and owned by the defendant Herbert Burris. The plaintiff subsequently commenced this action...

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