TAVAREZ v. OQUENDO


58 A.D.3d 446 (2009)

869 N.Y.S.2d 782

ELSA TAVAREZ et al., Appellants, v. PATRICK OQUENDO et al., Respondents.

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

January 8, 2009.


The accident in 2003 occurred when the rear of the tow truck driven by defendant Oquendo struck plaintiff Tavarez as she was about to open and enter the driver's door of her parked vehicle. On appeal, plaintiffs take issue with evidentiary rulings of the trial court and elements of its charge.

Plaintiffs complain that two eyewitnesses to the accident were not allowed to estimate the speed of defendant's truck in miles per hour. However, their counsel failed to preserve...

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