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KHAIMOV v. CITY OF NEW YORK

Index No. 158573/19. Appeal No. 14590. Case No. 2021-02142.

199 A.D.3d 455 (2021)

154 N.Y.S.3d 220

2021 NY Slip Op 06083

Liron Khaimov et al., Appellants, v. City of New York et al., Respondents.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Napoli Shkolnik, PLLC, New York ( Craig Phemister of counsel), for appellants.

Georgia M. Pestana , Corporation Counsel, New York ( Jesse A. Townsend of counsel), for respondents.

Concur—Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.

The parties' conflicting versions as to how the accident occurred raise triable issues of fact regarding the fault of the parties. Plaintiffs' sole argument on appeal is that defendants failed to raise an issue of fact in opposition to their prima facie showing, because defendant driver's statements contained in the police accident report, on which the opposition was founded, were hearsay and therefore inadmissible. Plaintiff waived...

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