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CRIST v. ROSENBERGER

2021-03634, 2021-04397. Index No. 8622/17.

219 A.D.3d 569 (2023)

195 N.Y.S.3d 28

2023 NY Slip Op 04188

Shawn Crist, as Guardian Ad Litem of Leroy Crist, III, an Incapacitated Person, Respondent, v. Robert Rosenberger, Appellant.

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

Decided August 9, 2023.

Attorney(s) appearing for the Case

O'Connor, McGuinness, Conte, Doyle, Oleson, Watson & Loftus, LLP, White Plains, NY (Montgomery Effinger of counsel), for appellant.

Finkelstein & Partners, LLP, Newburgh, NY (George A. Kohl II of counsel), for respondent.

Duffy, J.P., Connolly, Christopher and Warhit, JJ., concur.

In an action to recover damages for personal injuries, the defendant appeals from (1) an order of the Supreme Court, Orange County (Robert A. Onofry, J.), dated April 29, 2021, and (2) an interlocutory judgment of the same court dated June 10, 2021. The order granted the plaintiff's motion for summary judgment on the issue of liability and dismissing the defendant's affirmative defense alleging comparative negligence, and denied the defendant's cross-motion pursuant to CPLR...

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