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CALANDRA v. DISHOTSKY

244 A.D.2d 376 (1997)

664 N.Y.S.2d 95

Traci Calandra, Respondent, v. Robert Dishotsky, Appellant, and Dennis S. Halpern et al., Respondents. (And a Related Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 10, 1997

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff made a prima facie showing of negligence on the part of the appellant, Robert Dishotsky, based on Dishotsky's deposition testimony that the motor vehicle accident at issue occurred when he pulled out of a parking spot and into a lane of moving traffic (see, Vehicle and Traffic Law § 1128 [a]). Since the appellant...

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