NUNEZ v. RESOURCE WAREHOUSING AND CONSOLIDATION


6 A.D.3d 325 (2004)

775 N.Y.S.2d 310

OCTAVIO NUNEZ, Appellant, v. RESOURCE WAREHOUSING AND CONSOLIDATION, Respondent.

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

April 27, 2004.


Plaintiff commenced this action on or about October 24, 1995 for personal injuries he sustained on September 6, 1994, when a vehicle he was operating collided with a vehicle owned by defendant and operated by one of its employees. According to a police report, the accident occurred when defendant's truck jackknifed, allegedly because a third vehicle suddenly cut it off. Plaintiff, however, attributed the accident to the driver's negligence in speeding, failing to be alert...

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