FISCHETTI v. SIMONOVSKY

2023-06145, Index No. 710231/22.

2024 NY Slip Op 02302

MARILYN J. FISCHETTI, Appellant, v. ARKADIY SIMONOVSKY, Respondent.

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

Decided May 1, 2024.


Attorney(s) appearing for the Case

Militello Law Group, P.C. ( Alexander J. Wulwick , New York, NY, of counsel), for appellant.

Michael Ferro , Melville, NY ( Andrew Weber of counsel), for respondent.

Before: Angela G. Iannacci, J.P., Paul Wooten, Lara J. Genovesi, Deborah A. Dowling, JJ.


DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Pam Jackman Brown, J.), entered April 11, 2023. The order denied the plaintiff's motion for summary judgment on the issue of liability and, in effect, dismissing the defendant's affirmative defense alleging comparative negligence.

ORDERED that the order is modified, on the law, by deleting the provision thereof...

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