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CARSWELL v. BANDA

Nos. 5836, 100234/10.

88 A.D.3d 604 (2011)

931 N.Y.S.2d 68

2011 NY Slip Op 7509

YVONNE CARSWELL, Respondent, v. TAHIRU BANDA et al., Appellants.

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

Decided October 25, 2011.

Plaintiff pedestrian alleges that she was injured when, while crossing the street within the crosswalk and with the traffic light in her favor, she was struck by defendants' taxicab. In contrast, defendant driver stated that he had a green light with a left-turn signal, that his vehicle was past the crosswalk, and that plaintiff was distracted by talking on her cell phone when the accident occurred. These conflicting accounts raise...

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