Rivera v. Fenix Car Service Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*623In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated May 25, 2010, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court correctly denied the defendant’s motion for summary judgment dismissing the complaint, as the defendant failed to establish its prima facie entitlement to judgment as a matter of law. The plaintiff was struck by a vehicle bearing the defendant’s logo. The Supreme Court correctly determined that triable…
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