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NEVAREZ v. S.R.M. MGT. CORP.

58 A.D.3d 295 (2008)

867 N.Y.S.2d 431

OLGA NEVAREZ et al., Respondents, v. S.R.M. MANAGEMENT CORP. et al., Appellants.

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

November 20, 2008.

Attorney(s) appearing for the Case

Baker, McEvoy, Morrissey & Moskovits, P.C., New York City (Holly E. Peck and Michael I. Josephs of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac and Diane K. Toner of counsel), for respondents.

MAZZARELLI, J.P., and ACOSTA, J., concur with RENWICK, J.; CATTERSON and McGUIRE, JJ., dissent in a separate opinion by CATTERSON, J.

OPINION OF THE COURT

RENWICK, J.

Plaintiff Olga Nevarez commenced this action seeking to recover for personal injuries sustained following a two-car accident in the vicinity of Monroe Avenue, in the Bronx, on April 9, 2006. Plaintiff testified, during her examination before trial, that immediately prior to the accident she was driving her vehicle on Monroe Avenue, a one-way street, with her daughter as a front-seat passenger and a third person as a rear...

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