BRAVO v. BENISH

2019-12421. Index No. 511697/17.

200 A.D.3d 639 (2021)

154 N.Y.S.3d 852

2021 NY Slip Op 06669

Tomas Bravo, Appellant, v. David Benish, Respondent, et al., Defendants.

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

Decided December 1, 2021.


Attorney(s) appearing for the Case

Joshua W. Skillman (The Altman Law firm, PLLC, Woodmere, NY [ Michael T. Altman ], of counsel), for appellant.

DeSena & Sweeney, LLP, Bohemia, NY ( Shawn P. O'Shaughnessy of counsel), for respondent.

Mastro, J.P., Brathwaite Nelson, Iannacci and Genovesi, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant David Benish for summary judgment dismissing the complaint insofar as asserted against him is denied.

On October 28, 2015, at the intersection of Coney Island Avenue and Avenue K, in Brooklyn, a vehicle owned by the defendant Fructoso Velez, in which the plaintiff was a rear seat passenger, was involved in an accident with a vehicle owned and operated by the defendant David...

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