KHALIL v. GARCIA-OLEA

2022-05185. Index No. 152074/20.

222 A.D.3d 853 (2023)

201 N.Y.S.3d 501

2023 NY Slip Op 06517

Waqqas Khalil, Appellant, v. Marcos M. Garcia-Olea, Respondent.

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

Decided December 20, 2023.


Attorney(s) appearing for the Case

Mallilo & Grossman, Flushing, NY ( Gary Caliendo of counsel), for appellant.

Kelly, Rode & Kelly, LLP, Mineola, NY ( Eric P. Tosca of counsel), for respondent.

Iannacci, J.P., Genovesi, Voutsinas and Taylor, JJ., concur.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Lizette Colon, J.), dated June 21, 2022. The order granted 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 denied.

On July 15, 2020, the plaintiff bicyclist collided with the...

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