Rawson v. City of New York

Full title: SAMUEL RAWSON, ET AL., APPELLANTS, v. CITY OF NEW YORK, RESPONDENT

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

Date published: Mar 25, 2002

292 A.D.2d 583 (N.Y. App. Div. 2002)

739 N.Y.S.2d 606

Opinion

2001-08396

Submitted February 20, 2002.

March 25, 2002.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Flug, J.), dated April 26, 2001, which denied their motion for summary judgment on the issue of liability.

Apicella Schlesinger, New York, N.Y. (Alan C. Kestenbaum of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Kristin M. Helmers of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P. NANCY E. SMITH GABRIEL M. KRAUSMAN LEO F. McGINITY, and BARRY A. COZIER, JJ.

ORDERED that the order is affirmed, with costs.

There are triable issues of fact (see CPLR 3212[b]) with respect to the issue of comparative negligence.

ALTMAN, J.P., SMITH, KRAUSMAN, McGINITY and COZIER, JJ., concur.