Leong v. Mahmood

Appellate Division of the Supreme Court of New York

Leong v. Mahmood

272 A.D.2d 527, 708 N.Y.S.2d 899, 2000 N.Y. App. Div. LEXIS 5831

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 22, 2000

StatusPublished

This text of 272 A.D.2d 527 (Leong v. Mahmood) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leong v. Mahmood, 272 A.D.2d 527, 708 N.Y.S.2d 899, 2000 N.Y. App. Div. LEXIS 5831 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated June 30, 1999, which granted the plaintiff’s motion for summary judgment on the issue of liability.

Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion is denied.

The court erred in granting the plaintiffs motion for summary judgment as there are issues of fact regarding whether he was comparatively negligent (see, Vehicle and Traffic Law § 1234 [a]; Frias v Fanning, 119 AD2d 796). O’Brien, J. P., Altman, Friedmann, McGinity and Smith, JJ., concur.

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—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated June 30, 1999, which granted the plaintiff’s motion for summary judgment on the issue of liability.

Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion is denied.

The court erred in granting the plaintiffs motion for summary judgment as there are issues of fact regarding whether he was comparatively negligent (see, Vehicle and Traffic Law § 1234 [a]; Frias v Fanning, 119 AD2d 796). O’Brien, J. P., Altman, Friedmann, McGinity and Smith, JJ., concur.

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Bluebook (online)

272 A.D.2d 527, 708 N.Y.S.2d 899, 2000 N.Y. App. Div. LEXIS 5831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leong-v-mahmood-nyappdiv-2000.

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