GARUTTI v. KIM CO REFRIGERATION CORP.

2022-01901 Index No. 711901/20.

222 A.D.3d 728 (2023)

201 N.Y.S.3d 210

2023 NY Slip Op 06354

Rodney Richard Garutti, Respondent, v. Kim Co Refrigeration Corp. et al., Appellants.

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

Decided December 13, 2023.


Attorney(s) appearing for the Case

Hoffman Roth & Matlin, LLP, New York, NY ( Tillie S. Mirman of counsel), for appellants.

Cardali & Associates, P.C. (Hogan & Cassell, LLP, Jericho, NY [ Michael Cassell ], of counsel), for respondent.

Barros, J.P., Maltese, Dowling and Voutsinas, JJ., concur.


In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Mojgan C. Lancman, J.), entered March 8, 2022. The order granted the plaintiff's motion for summary judgment on the issue of liability and dismissing the defendants' affirmative defenses alleging comparative negligence.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue...

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