KUTSANKOU v. BRINK'S INCORPORATED

2021-07538. Index No. 526754/19.

222 A.D.3d 855 (2023)

201 N.Y.S.3d 496

2023 NY Slip Op 06518

Uladzimir Kutsankou, Respondent, v. Brink's Incorporated et al., Appellants.

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

Decided December 20, 2023.


Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, LLP, White Plains, NY ( April Adell , Karen H. Tommer , and Patrick J. Lawless of counsel), for appellants.

Wingate, Russotti, Shapiro, Moses & Halperin, LLP (Chirico Law PLLC, Brooklyn, NY [ Vincent Chirico ], of counsel), for respondent.

Duffy, J.P., Chambers, Wooten and Dowling, JJ., concur.


In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Richard Velasquez, J.), dated September 20, 2021. The order granted the plaintiff's motion for summary judgment on the issue of liability and dismissing the defendants' affirmative defenses alleging comparative negligence and culpable conduct on the part of the plaintiff, and to set a trial on the issue of damages.

Ordered that the order is...

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