CAPARITIA v. JOHNSON

Index No. 25244/18E. Appeal No. 278. Case No. 2022-02076.

216 A.D.3d 529 (2023)

189 N.Y.S.3d 188

2023 NY Slip Op 02739

Monishia M. Caparitia, Respondent, v. Robert Johnson et al., Appellants.

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

Decided May 18, 2023.


Attorney(s) appearing for the Case

Correia, Conway & Stiefeld, White Plains ( Michael G. Conway of counsel), for appellants.

Subin Associates, LLP, New York ( Robert J. Eisen of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, Higgitt, JJ.


Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about March 23, 2022, which, to the extent appealed from, granted plaintiff's motion for summary judgment dismissing the affirmative defense of comparative fault, unanimously reversed, on the law, and the motion denied, without costs.

Although plaintiff demonstrated entitlement to partial summary judgment on the issue of liability, plaintiff's evidence, which included dashcam footage from her ambulance...

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