SMITH v. TRAIL

2022-08810. Index No. 725023/21.

221 A.D.3d 928 (2023)

199 N.Y.S.3d 683

2023 NY Slip Op 06070

Lorna Y.J. Smith, Respondent, v. George A. Trail, Appellant.

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

Decided November 22, 2023.


Attorney(s) appearing for the Case

Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, NY [ Joel A. Sweetbaum ], of counsel), for appellant.

Gregory Spektor & Associates, P.C., Rosedale, NY ( Michael M. Szechter of counsel), for respondent.

Barros, J.P., Wooten, Ford and Warhit, JJ., concur.


In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Karina E. Alomar, J.), entered October 4, 2022. The order denied the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The plaintiff commenced this action to recover damages...

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