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Gambino v. Heredia

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 2007
41 A.D.3d 536 (N.Y. App. Div. 2007)

Opinion

No. 2006-07982.

June 12, 2007.

In an action to recover damages for assault and battery, and negligence, the defendant Robert Heredia appeals from an order of the Supreme Court, Suffolk County (Doyle, J), entered August 7, 2006, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him and granted the plaintiff's cross motion for summary judgment on the issue of liability as to him.

Faust Goetz Schenker Blee, New York, N.Y. (Erika C. Aljens of counsel), for appellant.

The Law Office of Mark. E. Nadjar, P.C., Huntington, N.Y., for respondent.

Before: Miller, J.P., Mastro, Krausman and Carni, JJ.


Ordered that the order modified, on the law, by deleting the provision thereof granting the plaintiff's cross motion for summary judgment on the issue of liability as to the defendant Robert Heredia and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.

There are issues of fact requiring the denial of summary judgment to both parties to this appeal.


Summaries of

Gambino v. Heredia

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 2007
41 A.D.3d 536 (N.Y. App. Div. 2007)
Case details for

Gambino v. Heredia

Case Details

Full title:MATTHEW GAMBINO, Respondent, v. ROBERT HEREDIA, Appellant, et al.…

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

Date published: Jun 12, 2007

Citations

41 A.D.3d 536 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 5224
836 N.Y.S.2d 439