HERRERA v. NEW YORK CITY TRANSIT AUTHORITY


269 A.D.2d 212 (2000)

702 N.Y.S.2d 303

FLAVIO HERRERA et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, et al., Defendant.

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

Decided February 15, 2000.


The facts as presented in the submissions on the motion for summary judgment indicated that on December 10, 1996, at approximately 3:10 P.M., plaintiff double parked his delivery truck on the right side of Second Avenue near 74th Street in front of the Pomodori Restaurant. As plaintiff left the truck, which was positioned half inside the bus lane and half in the second lane, and proceeded to the back of his vehicle to open its rear gate, defendant Eric Washington exited from...

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