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BATISTA v. ALVAREZ

2022-07082, Index No. 503211/21.

2024 NY Slip Op 01529

AARON BATISTA, Respondent, v. RAYSTON ALVAREZ, ET AL., Appellants.

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

Decided March 20, 2024.

Attorney(s) appearing for the Case

Russo & Gould, LLP, New York, NY ( Patrice Coleman and David Gould of counsel), for appellants.

Blumen & Shayne, LLP (Law Office of Arnold E. DiJoseph, P.C., New York, NY [ Arnold E. DiJoseph III ], of counsel) for respondent.

Before: Francesca E. Connolly, J.P., Robert J. Miller, Deborah A. Dowling, Carl J. Landicino, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Francois A. Rivera, J.), dated July 22, 2022. The order granted the plaintiff's motion for summary judgment on the issue of liability and dismissing the defendants' affirmative defense alleging comparative negligence.

ORDERED that the order is affirmed, with costs.

The plaintiff, a pedestrian, allegedly...

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