ALLEN v. ZECCA MIRROR AND GLASS, INC.

10171, 306386/10.

106 A.D.3d 596 (2013)

965 N.Y.S.2d 350

2013 NY Slip Op 3752

LEO ALLEN, Respondent, v. ZECCA MIRROR AND GLASS, INC., Appellant, et al., Defendant.

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

Decided May 23, 2013.


It is uncontested that plaintiff, while riding his bicycle down Boone Avenue in the Bronx, ran into the back of defendant Zecca's legally parked and unoccupied blue van. While plaintiff asserts that he was struck in the rear tire by a white van which was backing out of the garage area of Zecca's property, causing him to lose control and strike defendant's blue van (an assertion which defendant and its witnesses deny), Zecca's owner unequivocally testified that Zecca did not...

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