Gordon v. Honig

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Harkavy, J.), dated April 19, 2006, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.

Based upon the evidence submitted by the defendant in support of his motion for summary judgment, including the deposition testimony of both parties, which recounted conflicting versions of the circumstances…