Legal Opinion

Doo Won Choi v. B.H.N.V. Realty Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 23, 1997PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Feinberg, J.), dated November 27, 1996, which granted the plaintiffs motion for partial summary judgment on the issue of liability under Labor Law § 240 (1).

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion is denied.

The inconsistent versions of the accident presented by the plaintiff at his examination before trial and in his affidavit raise a question of fact as to his credibility (see, Xirakis v 1115 Fifth Ave. Corp., 226 AD2d…

2Cases cited3 opinions

  1. Miller v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1990
  2. Xirakis v. 1115 Fifth Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Donohue v. Elite Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by5 opinions

  1. Alava v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  2. Nelson v. Ciba-GeigyAppellate Division of the Supreme Court of the State of New York · 2000
  3. Garieri v. Broadway PlazaAppellate Division of the Supreme Court of the State of New York · 2000
  4. Collins v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  5. Cozza v. Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1997

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