Defendant’s appeal of denied summary judgment dismissed
Matter of Joseph Desena v Keyspan
In this personal injury case, defendant Keyspan Energy Delivery NYC (hereinafter Keyspan) appealed from an order of the Supreme Court denying its motion for summary judgment to dismiss the complaint from petitioner, Joseph Desena. Keyspan claimed to not be responsible for the alleged roadway defect that caused plaintiff’s injuries. In opposition, the plaintiff established that facts essential to the case existed. Keyspan’s foreman has not yet been disposed and will provide facts that could raise a triable issue of fact. Therefore the summary judgment must be denied as triable issues of fact exist.
Accordingly, the Supreme Court affirmed the order as appealed from and upheld the Court’s order to deny the motion for summary judgment.
Read more about this personal injury case here.
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Tags: personal injury