CARABALLO v. RIVAS-BARZOLA

6823, 302115/08.

92 A.D.3d 532 (2012)

939 N.Y.S.2d 21

2012 NY Slip Op 1181

ANGEL CARABALLO, Respondent, v. MARIA RIVAS-BARZOLA et al., Appellants.

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

Decided February 16, 2012.


Defendants argue that the record presents only one version of the accident, i.e., that of defendant Ruiz, the operator of the minibus, which shows that they were not negligent. Ruiz testified that while the minibus was stopped at a red light, plaintiff crashed into it and fell to the street. However, plaintiff, who said he did not see the minibus and who was rendered unconscious by the accident, testified that he was walking on the sidewalk before the accident happened. This...

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