BORBON v. PESCORAN

2770, 6074/07

73 A.D.3d 502 (2010)

900 N.Y.S.2d 296

MANUEL BORBON, Appellant, v. JUAN C. PESCORAN et al., Appellants, and MARVARINO'S, INC., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided May 11, 2010.


This personal injury action arises from a motor vehicle accident in the Bronx in 2006. The vehicle in which plaintiff was a passenger drove up behind a Marvarino's box truck double-parked in the right-hand travel lane of Webster Avenue, in front of a Cookies department store. When plaintiff's vehicle shifted lanes to the left, it came into contact with a tractor-trailer driven by defendant Pescoran. There was no contact between any vehicle and the Marvarino's truck.

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