HIGGINS v. STELMACH

2021-04044. Index No. 53087/20.

208 A.D.3d 1165 (2022)

175 N.Y.S.3d 74

2022 NY Slip Op 05155

Zachary R. Higgins, Appellant, v. Vincent I. Stelmach et al., Respondents.

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

Decided September 14, 2022.


Attorney(s) appearing for the Case

Greenspan & Greenspan, P.C., White Plains, NY ( Michael E. Greenspan of counsel), for appellant.

Kenney Shelton Liptak Nowak, LLP, Buffalo, NY ( Justin L. Hendricks and Melissa A. Foti of counsel), for respondents.

Duffy, J.P., Iannacci, Miller and Zayas, 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 and to dismiss the defendants' affirmative defenses are granted.

In September 2020, the plaintiff commenced this action, inter alia, to recover damages for personal injuries he alleges he sustained in June 2020 when a motor vehicle operated by the defendant Vincent I. Stelmach (hereinafter...

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