DeJESUS v. ALBA


63 A.D.3d 460 (2009)

882 N.Y.S.2d 12

DIOMARA DeJESUS, an Infant, by His Father and Natural Guardian, FRANCISCO DeJESUS, Respondent, v. JOSE J. ALBA et al., Appellants.

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

Decided June 9, 2009.


There is no question of fact as to how the accident occurred. The record supports the conclusion that plaintiff, 16 years old at the time of the accident, elected to enter the street between cars and, as a result, ran (or in plaintiff's hastily contrived revision, "walked") into defendant's car, without warning.

At her deposition, plaintiff gave two versions of the accident. She first testified that the accident occurred in front of her then-boyfriend's house, where...

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