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BURTON v. VIRK

2023-03119, Index No. 520070/21.

2024 NY Slip Op 01792

RACQUEL N. BURTON, Plaintiff/Counterclaim Defendant-Respondent, SHARON FENTON, Plaintiff-Respondent, v. ZULFQAR ALI VIRK, Defendant/Counterclaim Plaintiff-Appellant.

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

Decided April 3, 2024.

Attorney(s) appearing for the Case

Nancy L. Isserlis (The Zweig Law Firm, P.C., Woodmere, NY [ Daniel P. Rifkin ], of counsel), for defendant/counterclaim plaintiff-appellant.

Terilli & Tintle, PLLC, New York, NY ( Giancarlo Terilli of counsel), for plaintiff/counterclaim defendant-respondent and plaintiff-respondent.

James G. Bilello , Hicksville, NY ( Katie A. Walsh of counsel), for plaintiff/counterclaim defendant-respondent.

Before: Angela G. Iannacci, J.P., Joseph J. Maltese, Paul Wooten, Lourdes M. Ventura, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant/counterclaim plaintiff appeals from an order of the Supreme Court, Kings County (Richard Velasquez, J.), dated February 8, 2023. The order granted the motion of the plaintiff/counterclaim defendant and the plaintiff for summary judgment on the issue of liability and dismissing the affirmative defense alleging comparative negligence and the counterclaim asserted against the...

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