ODUOR v. HUGGINS


33 A.D.3d 402 (2006)

822 N.Y.S.2d 282

DAWN ODUOR, Respondent, v. ROBERT HUGGINS et al., Appellants, and TRADORE MAMADOU, Respondent.

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

Decided October 12, 2006.


The motion for summary judgment was properly denied. The conflicting testimony respecting the manner in which the alleged accident occurred does not permit the conclusion, at this stage of the litigation, that Doris Huggins, the driver of the vehicle in which plaintiff was a passenger at the time of the accident, bore no responsibility for the accident. Nor does the record at this procedural juncture permit the conclusion that defendant Mamadou was, as the Hugginses contend...

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