MAHMUD v. FENG OUYANG

2021-06721. Index No. 717385/19.

208 A.D.3d 861 (2022)

174 N.Y.S.3d 721

2022 NY Slip Op 05081

Saifuddin Mahmud, Appellant, v. Feng Ouyang, Respondent.

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

Decided August 31, 2022.


Attorney(s) appearing for the Case

Omrani & Taub, P.C., New York, NY ( James L. Forde of counsel), for appellant.

Baker, McEvoy & Moskovits, P.C. ( Marjorie E. Bornes , Brooklyn, NY, of counsel), for respondent.

Duffy, J.P., Brathwaite Nelson, Wooten and Zayas, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability and dismissing the defendant's third affirmative defense is granted.

On April 29, 2018, the plaintiff allegedly sustained personal injuries while driving in Queens when his vehicle was struck in the rear by a vehicle operated by the defendant. In October 2019, the plaintiff commenced this action against the defendant to recover damages...

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