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YAWAGYENTSANG v. SAFEWAY CONSTR. ENTERS., LLC

2022-03773, Index No. 720864/20.

2024 NY Slip Op 01580

NGAWANG T. YAWAGYENTSANG, Appellant, v. SAFEWAY CONSTRUCTION ENTERPRISES, LLC, ET AL., Respondents.

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

Decided March 20, 2024.

Attorney(s) appearing for the Case

Wingate, Russotti, Shapiro, Moses & Halperin, LLP, New York, NY ( David M. Schwarz and Eric Horn of counsel), for appellant.

Littman PLLC, Plainview, NY ( Matthew I. Littman and Peter J. Morris of counsel), for respondents.

Before: Francesca E. Connolly, J.P., Cheryl E. Chambers, Barry E. Warhit, Laurence L. Love, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Sally E. Unger, J.), entered May 11, 2022. The order, insofar as appealed from, denied those branches of the plaintiff's motion which were for summary judgment on the issue of liability and dismissing the defendants' affirmative defense alleging comparative negligence.

ORDERED that the order is reversed insofar...

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