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JIMENEZ v. PR GRAND HOTEL OWNER CO., LLC

Index No. 23525/16E. Appeal No. 16584. Case No. 2021-04691.

210 A.D.3d 429 (2022)

178 N.Y.S.3d 18

2022 NY Slip Op 06167

Jay Jimenez, Appellant, v. PR Grand Hotel Owner Co., LLC, et al., Respondents.

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

Decided November 3, 2022.

Attorney(s) appearing for the Case

Michael J. Aviles & Associates, LLC, New York (Natascia Ayers of counsel), for appellant.

Varvaro, Cotter, & Bender, White Plains (Lisa L. Gollihue of counsel), for PR Grand Hotel Owner Co., LLC, respondent.

Litchfield Cavo LLP, New York (Christopher A. Long of counsel), for PS Marcato Elevator Co., Inc., respondent.

Concur—Renwick, J.P., Kern, Moulton, Mendez, Pitt, JJ.

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered on or about August 31, 2021, which, to the extent appealed from, denied plaintiff's cross motion for summary judgment on liability and to strike defendants' comparative negligence affirmative defenses, unanimously affirmed, without costs.

Supreme Court correctly denied plaintiff's cross motion for summary judgment, as numerous questions of fact exist. Plaintiff's testimony as to prior injuries due to...

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