COLON v. GONZALEZ

2011-01254.

85 A.D.3d 844 (2011)

925 N.Y.S.2d 837

2011 NY Slip Op 5218

MANNY COLON, Respondent, v. ZAYDA GONZALEZ, Appellant.

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

Decided June 14, 2011.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint. The defendant failed to sustain her initial burden of demonstrating the absence of a triable issue of fact with respect to whether she exercised due care to avoid the subject accident (see Hernandez v We Transp., Inc., 67 A...

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