WHITE v. DIAZ

2170, 6364/05

72 A.D.3d 482 (2010)

899 N.Y.S.2d 166

NORMA WHITE, Respondent, v. CARLOS A. DIAZ et al., Defendants, and MANUEL A. NUNEZ et al., Appellants.

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

Decided April 8, 2010.


On a prior appeal, we affirmed the denial of defendants' motion for summary judgment, finding issues of fact as to (1) whether plaintiff's injuries, which were sustained when defendants-appellants' (defendants) Access-A-Ride van was hit in the rear by a vehicle whose driver had admittedly fallen asleep at the wheel, were proximately caused by the double parking of the van, and (2) "whether plaintiff was unable to put on her seat...

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