GOMEZ v. SAMMY'S TRANSPORT, INC.


19 A.D.3d 544 (2005)

798 N.Y.S.2d 84

LUIS A. GOMEZ et al., Appellants, v. SAMMY'S TRANSPORT, INC., et al., Respondents.

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

June 20, 2005.


Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The Supreme Court erred in denying the plaintiffs' motion for summary judgment on the issue of liability. The affidavit of the plaintiff Luis A. Gomez established, prima facie, that the plaintiffs' vehicle was struck by the defendants' tractor trailer as the tractor trailer attempted to make a right-hand turn from the center lane of a three-lane street where a "No Turn" sign was...

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