PICHARDO v. IRIZARRY

Index No. 21690/19E. Appeal No. 64. Case No. 2022-03238.

215 A.D.3d 504 (2023)

187 N.Y.S.3d 37

2023 NY Slip Op 01973

Eliezer Pena Pichardo, Appellant, v. Juan A. Irizarry et al., Respondents.

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

Decided April 18, 2023.


Attorney(s) appearing for the Case

Law Offices of Alexander Bespechny, Bronx ( Yelena Genchanok of counsel), for appellant.

Kelly, Rode & Kelly, LLP, Mineola ( Eric P. Tosca of counsel), for respondents.

Concur—Kapnick, J.P., Moulton, Kennedy, Mendez, Pitt-Burke, JJ.


Order, Supreme Court, Bronx County (Benjamin R. Barbato, J.), entered January 21, 2022, which denied plaintiff's motion for partial summary judgment on the issue of liability and dismissing the affirmative defense of comparative fault, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff's reliance on cases involving rear-end collisions is misplaced, since it is undisputed that defendants' truck did not hit the back of plaintiff's vehicle...

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