GARCIA v. TRI-COUNTY AMBULETTE SERVICE, INC.


282 A.D.2d 206 (2001)

723 N.Y.S.2d 163

JOSEFINA GARCIA, Appellant, v. TRI-COUNTY AMBULETTE SERVICE, INC., et al., Respondents.

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

Decided April 3, 2001.


Plaintiff was a passenger in the rear seat of Tri-County's ambulette when it was involved in an intersection accident at Park Avenue and East 111th Street. Both drivers claim that they had a green light to enter the intersection. Plaintiff, as an innocent rear-seat passenger in one of the vehicles who cannot possibly be found at fault under either defendant's version of the accident, is entitled to partial summary judgment.

In summarily denying plaintiff's motion...

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