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LEWIS v. KONAN

39 A.D.3d 319 (2007)

835 N.Y.S.2d 40

DEBBIE LEWIS, Appellant, v. KRA KONAN et al., Respondents, et al., Defendants.

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

Decided April 12, 2007.

Inasmuch as plaintiff testified that the Gomez vehicle, in which she was a passenger, first struck the car driven by Konan before it was struck in the rear by the car driven by defendant Sebastien, there are contradictory versions as to how the accident occurred, thus precluding summary disposition (see DeRosa v Valentino, 14 A.D.3d 448 [2005]). On the other hand, even under plaintiff's version (which is not supported by either Konan...

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