FERGILE v. PAYNE

2019-04507. Index No. 1459/17.

202 A.D.3d 928 (2022)

2022 NY Slip Op 01008

Jean D. Fergile, Appellant, v. Gail June Payne et al., Respondents.

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

Decided February 16, 2022.


Attorney(s) appearing for the Case

Richard L. Giampa, Esq., P.C., Bronx, NY ( Zachary K. Giampa and Eli Wagschal of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith, LLP, New York, NY ( James M. Strauss and Nicholas P. Hurzeler of counsel), for respondents.

Barros, J.P., Iannacci, Chambers and Christopher, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendants' cross motion for summary judgment dismissing the complaint, and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.

The plaintiff commenced this action to recover damages for personal injuries that he allegedly sustained in a motor vehicle accident that occurred on August 20, 2013...

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