CASTRO v. KLEIN

2019-10573. Index No. 510254/16.

204 A.D.3d 881 (2022)

164 N.Y.S.3d 830

2022 NY Slip Op 02527

Monica Castro, Appellant, v. Marcella Klein, Respondent. (And a Third-Party Action.)

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

Decided April 20, 2022.


Attorney(s) appearing for the Case

Ogen & Sedaghati, P.C., New York, NY ( Eitan Alexander Ogen of counsel), for appellant.

James F. Butler (Scahill Law Group P.C., Bethpage, NY [ Gerard Ferrara ], of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Miller and Zayas, JJ., concur.


Ordered that the judgment is reversed, on the law, with costs, the defendant's motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

The plaintiff commenced this action, alleging that she sustained personal injuries when her parked vehicle was struck by a vehicle owned and operated by the defendant's decedent. At trial...

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