WILSON v. CERTAIN CAB CORP.


303 A.D.2d 252 (2003)

756 N.Y.S.2d 202

JOSHUA B. WILSON, Plaintiff, v. CERTAIN CAB CORP. et al., Appellants, and AMERADA HESS CORP. et al., Respondents.

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

Decided March 18, 2003.


The apportionment is fairly supported by evidence showing that appellant cab driver, after passing respondent truck driver on the left and then observing a double-parked car in his lane only about a block ahead, attempted to squeeze into the adjacent lane on his right, in front of the truck, without enough clearance to do so safely (see Vehicle and Traffic Law § 1122 [a]; § 1128 [a]). Such evidence included data from a "tachograph" installed on the truck...

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