Kemenyash v. McGoey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Hart, J.), dated February 13, 2003, which denied his motion for summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
In support of his motion for summary judgment, the plaintiff submitted a police accident report recorded by a police officer at the scene, which contained an admission by the defendant that, as he was taking the key out of his vehicle’s ignition, his vehicle rolled forward and…
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