GURALENKO v. NEW YORK CITY TRANSIT AUTHORITY

2022-03947. Index No. 508539/21.

220 A.D.3d 847 (2023)

198 N.Y.S.3d 177

2023 NY Slip Op 05251

Dmytro Guralenko, Appellant, v. New York City Transit Authority et al., Respondents.

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

Decided October 18, 2023.


Attorney(s) appearing for the Case

Levy Borukh Law, Rego Park, NY ( David S. Levy of counsel), for appellant.

Zaklukiewicz, Puzo & Morrisey LLP, Islip Terrace, NY ( Lisa Taranto and William Morrisey of counsel), for respondents.

Connolly, J.P., Brathwaite Nelson, Maltese and Christopher, JJ., concur.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Katherine A. Levine, J.), dated March 18, 2022. The order denied the plaintiff's motion for summary judgment on the issue of liability and dismissing the defendants' affirmative defense alleging comparative negligence, with leave to renew upon the completion of discovery.

Ordered that the order is reversed, on the law, with costs, and the...

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