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TSELEBIS v. RYDER TRUCK

17248/07, 10421042A.

72 A.D.3d 198 (2010)

895 N.Y.S.2d 389

CHRISTOS TSELEBIS, Appellant, v. RYDER TRUCK RENTAL, INC., et al., Defendants, and TOM CAT BAKERY, INC., et al., Respondents.

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

Decided February 18, 2010.

Attorney(s) appearing for the Case

Ginsburg & Misk, Queens Village ( Gerard N. Misk of counsel), for appellant.

Lewis Johs Avallone Aviles, LLP, Melville ( Brian J. Greenwood of counsel), for respondents.

TOM, J.P., SWEENY, McGUIRE and FREEDMAN, JJ., concur.

OPINION OF THE COURT

DeGRASSE, J.

This matter involves a two-vehicle accident at an intersection controlled by a traffic light. While driving a truck in a westerly direction, defendant Melendez collided with plaintiff, who was riding his motorcycle in a northerly direction. Plaintiff testified that he had no recollection of the accident. Melendez, however, testified that he entered the intersection against a red light and did not see plaintiff prior to the...

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