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BINETTI v. INFANTE

38 A.D.3d 210 (2007)

831 N.Y.S.2d 67

JULIANNE BINETTI, Appellant, v. JASMINE INFANTE et al., Respondents.

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

Decided March 1, 2007.

The motion court correctly held that plaintiff's proof on the motion, consisting mainly of the deposition transcripts of herself and defendant driver, does not show, prima facie, that the driver's actions in backing up her car were negligent, and, if so, the sole proximate cause of an accident that occurred as plaintiff was crossing the street perhaps at a point other than at an intersection (compare Pareja v Brown, 18 A.D.3d 636

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