Appellate Division of the Supreme Court of New York, 2012

Jimenez v. Kimmerling

Appellate Division of the Supreme Court of New York · Decided May 8, 2012

95 A.D.3d 953; 943 N.Y.S.2d 756

Cases that cite this one

2 later published cases cite this decision.

Qi Sheng Lu v. World Wide Travel of Greater New York, Ltd. (Appellate Division of the Supreme Court of New York 2013)
Qi Sheng Lu v. World Wide Travel of Greater New York, Ltd. (Appellate Division of the Supreme Court of New York 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), entered October 12, 2011, which granted the plaintiffs motion for summary judgment on the issue of liability.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion for summary judgment on the issue of liability is denied.

The plaintiff brought this action to recover damages for personal injuries he allegedly sustained when his vehicle was struck by the defendant’s vehicle. In support of this motion for summary judgment on the issue of liability, the plaintiff *954established his prima facie entitlement to judgment as a matter of law. However, in opposition, the defendant raised a triable issue of fact. Accordingly, the plaintiff’s motion for summary judgment on the issue of liability should have been denied. Skelos, J.E, Eng, Belen and Cohen, JJ., concur.

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