MARCEL v. SANDERS

2014-00657

123 A.D.3d 1097 (2014)

1 N.Y.S.3d 230

2014 NY Slip Op 09111

JIMMY MARCEL, Respondent, v. EDWARD W. SANDERS et al., Appellants.

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

Decided December 31, 2014.


Ordered that the order is affirmed, with costs.

The defendant Edward W. Sanders (hereinafter the defendant-driver) was pulling out of a parking lot and entering a roadway when the vehicle he was operating struck the passenger-side door of a vehicle that the plaintiff was operating on the roadway. The plaintiff moved for summary judgment on the issue of liability. The Supreme Court granted the plaintiff's motion.

"The driver of a vehicle about to enter or cross...

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