BORNSZTEJN v. ZITO

2022-01265. Index No. 30627/20.

221 A.D.3d 770 (2023)

198 N.Y.S.3d 218

2023 NY Slip Op 05706

Victor Bornsztejn et al., Appellants, v. Jolaine Zito et al., Respondents, et al., Defendant.

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

Decided November 15, 2023.


Attorney(s) appearing for the Case

Vaccaro & White, New York, NY ( Steve Vaccaro of counsel), for appellants.

Abamont & Associates, Garden City, NY ( Evan B. Cohen of counsel), for respondents.

Duffy, J.P., Genovesi, Dowling and Voutsinas, JJ., concur.


In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Rolf Thorsen, J.), dated December 20, 2021. The order, insofar as appealed from, denied those branches of the plaintiffs' motion which were for summary judgment on the issue of liability against the defendants Jolaine Zito and Vincent Zito and, in effect, dismissing those defendants' affirmative defenses alleging comparative negligence.<...

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