JOSEPH-FELIX v. HERSH

2020-07461. Index No. 502619/19.

208 A.D.3d 571 (2022)

173 N.Y.S.3d 591

2022 NY Slip Op 04905

Jean Joseph-Felix, Respondent, v. Jeffrey Hersh, Appellant, et al., Defendants.

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

Decided August 10, 2022.


Attorney(s) appearing for the Case

Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, NY [ Joel A. Sweetbaum ], of counsel), for appellant.

Alan J. Stern, P.C. ( Lisa M. Comeau , Garden City, NY, of counsel), for respondent.

Barros, J.P., Rivera, Chambers and Dowling, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the issue of liability against the defendant Jeffrey Hersh and dismissing that defendant's first affirmative defense are denied.

The plaintiff commenced this action against the defendant Jeffrey Hersh, among others, to recover damages for injuries allegedly sustained in a motor vehicle collision. The plaintiff...

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