MARKOWITZ v. LEWIS


40 A.D.3d 371 (2007)

835 N.Y.S.2d 563

CHERYL MARKOWITZ, Respondent, v. KEVIN LEWIS, Defendant, and MENDEL I. MARKOWITZ, Appellant.

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

Decided May 15, 2007.


Plaintiff was sitting in the front passenger seat of an automobile driven by her husband, defendant Mendel Markowitz, at 40 to 50 miles per hour in the second lane from the left on the Grand Central Parkway at about 4:30 A.M. As they approached the exit to LaGuardia Airport, an SUV, 40 feet ahead, activated its left turn signal, and defendant Markowitz checked his rearview mirror and right side mirror in anticipation of changing lanes. When he returned his gaze directly in...

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