Legal Opinion
Bhowmik v. Santana
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 2016No. 1404 304502/12PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about December 4, 2014, which denied plaintiffs motion for partial summary judgment on the issues of defendant’s liability and plaintiff’s serious injury and to strike defendant’s affirmative defense of comparative negligence, unanimously affirmed, without costs.
The court properly determined that plaintiff had failed to eliminate all issues of his own comparative negligence, and so was not entitled to summary judgment (see Geralds v Damiano, 128 AD3d 550 [1st Dept 2015]; Maniscalco v New York City Tr. Auth., 95 AD3d 510…
2Cases cited7 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Quinones v. KsieniewiczAppellate Division of the Supreme Court of the State of New York · 2011
- Rivera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Maniscalco v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
- Allan v. Keystone Nineties, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
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3Cited by5 opinions
- Prak v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2022
- Prak v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2022
- Brooks v. BlanchardAppellate Division of the Supreme Court of the State of New York · 2019
- Clear Water Psychological Services PC v. American Transit Insurance Co.Civil Court of the City of New York · 2016
- Matter of Freedom Care LLC v. New York State Dept. of HealthAppellate Division of the Supreme Court of the State of New York · 2025