PRAGAY v. LAVADO


45 A.D.3d 828 (2007)

845 N.Y.S.2d 751

JOANNA M. PRAGAY, Respondent, v. FERNAN LAVADO et al., Appellants.

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

Decided November 27, 2007.


Ordered that the order is affirmed, with costs.

Pursuant to Vehicle and Traffic Law § 1211 (a), a "driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic." Here, the plaintiff established her prima facie entitlement to judgment as a matter of law by demonstrating that she was standing in a crosswalk waiting to cross the street when the defendant, who had been sitting in his parked vehicle...

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