DRUMMOND v. PEREZ

2841, 310192/10.

146 A.D.3d 645 (2017)

2017 NY Slip Op 00436

45 N.Y.S.3d 441

GARY DRUMMOND, Plaintiff, v. ANDRES PEREZ et al., Appellants, and LAWRENCE WILLIAMS, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 24, 2017.


This action arises from a motor vehicle accident in which defendant Williams, who was turning left from an eastbound lane in an uncontrolled intersection, and defendant Perez, who had initially parked in a westbound lane and was backing across the intersection, collided. Perez testified that he only looked in his rear-view mirror before backing up.

The record demonstrates as a matter of law that Perez, who failed to turn his head to look behind him before backing...

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