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MENDEZ v. McMARORO TRANSIT, INC.

276 A.D.2d 436 (2000)

715 N.Y.S.2d 49

JESUS MENDEZ, Respondent, v. McMARORO TRANSIT, INC., et al., Appellants.

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

Decided October 31, 2000.

The motion court properly granted plaintiff's motion for summary judgment as to liability since plaintiff's uncontroverted evidence demonstrated that defendants' vehicle caused the accident at issue by going through a red light. However, the court erred in directing that the matter be placed on the inquest calendar. Defendants, never having had their answer struck and never having been precluded from presenting evidence at trial...

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