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GARDINER v. CITY OF NEW YORK

Index No. 22995/14 Appeal No. 17436 Case No. 2022-01144.

214 A.D.3d 410 (2023)

183 N.Y.S.3d 304

2023 NY Slip Op 01138

Misha Gardiner, Appellant, v. City of New York, Defendant/Third-Party Plaintiff, and Mr. Transportation, Inc., Doing Business as Marquis Ambulette, et al., Respondents/Third-Party Defendants-Respondents.

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

Decided March 2, 2023.

Attorney(s) appearing for the Case

Gersowitz Libo & Korek, P.C., New York ( Anthony Makarov of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Dean L. Pillarella of counsel), for respondents.

Concur—Renwick, J.P., Friedman, Gesmer, Singh, Higgitt, JJ.

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered February 15, 2022, which, in this action for personal injuries arising out of a motor vehicle accident, denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

The court properly denied plaintiff's motion because the record presents triable issues of fact as to whether, inter alia, plaintiff should have seen defendants' vehicle as she...

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