Jimenez v Kimmerling

Jimenez v Kimmerling 2012 NY Slip Op 03602 Decided on May 8, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 8, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
RANDALL T. ENG
ARIEL E. BELEN
JEFFREY A. COHEN, JJ.
2011-10280
(Index No. 22441/10)

[*1]Joseph Jimenez, respondent,

v

Joseph A. Kimmerling, appellant.




Montfort, Healy, McGuire & Salley, Garden City, N.Y. (Donald
S. Neumann, Jr., and Arthur R. Simuro of counsel), for appellant.
Rappaport, Glass, Greene & Levine, LLP (Alexander J.
Wulwick, New York, N.Y., of counsel), for
respondent.


DECISION & ORDER

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), entered October 12, 2011, which granted the 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 for summary judgment on the issue of liability is denied.

The plaintiff brought this action to recover damages for personal injuries he allegedly sustained when his vehicle was struck by the defendant's vehicle. In support of this motion for summary judgment on the issue of liability, the plaintiff established his prima facie entitlement to judgment 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 have been denied.
SKELOS, J.P., ENG, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court