ELTAHAN v. REJOUIS


7 A.D.3d 660 (2004)

776 N.Y.S.2d 833

MOHAMMED ELTAHAN, Appellant, v. JOHN J. REJOUIS, Respondent, ET AL., Defendants. (And a Third-Party Action.)

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

May 17, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondent.

The vehicle operated by John J. Rejouis swerved across a lane and into the cement median divider of the Brooklyn-Queens Expressway after being sideswiped. It came to rest about 15 to 30 feet past a sharp curve in the roadway, positioned at a 40 degree angle to the median divider, with...

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