| Jimenez v Kimmerling |
| 2012 NY Slip Op 03602 [95 AD3d 953] |
| May 8, 2012 |
| Appellate Division, Second Department |
| Joseph Jimenez, Respondent, v Joseph A. Kimmerling,Appellant. |
—[*1] Rappaport, Glass, Greene & Levine, LLP (Alexander J. Wulwick, New York, N.Y., ofcounsel), for respondent.
In an action to recover damages for personal injuries, the defendant appeals from an order ofthe Supreme Court, Suffolk County (Tanenbaum, J.), entered October 12, 2011, which grantedthe plaintiff's motion for summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion forsummary judgment on the issue of liability is denied.
The plaintiff brought this action to recover damages for personal injuries he allegedlysustained when his vehicle was struck by the defendant's vehicle. In support of this motion forsummary judgment on the issue of liability, the plaintiff established his prima facie entitlement tojudgment as a matter of law. However, in opposition, the defendant raised a triable issue of fact.Accordingly, the plaintiff's motion for summary judgment on the issue of liability should havebeen denied. Skelos, J.P., Eng, Belen and Cohen, JJ., concur.