VASQUEZ v. STRICKLAND

Index No. 800509/21E. Appeal No. 16773. Case No. 2021-03902.

211 A.D.3d 414 (2022)

177 N.Y.S.3d 482

2022 NY Slip Op 06876

Johnny Vasquez, Appellant, v. David Ernest Strickland, Respondent.

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

Decided December 1, 2022.


Attorney(s) appearing for the Case

Steven Louros , New York, for appellant.

Cheven, Keely & Hatzis, New York ( Thomas Torto of Counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Moulton, González, Rodriguez, Higgitt, JJ.


Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about October 13, 2021, which denied plaintiff's motion for summary judgment on liability and to strike the affirmative defenses of comparative negligence, absence of seatbelt usage, and assumption of risk, unanimously reversed, on the law, without costs, and the motion granted.

The court should have granted plaintiff summary judgment on liability. Plaintiff established prima facie that defendant...

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