DIAKO v. YUNGA

14544, 309612/11

126 A.D.3d 567 (2015)

3 N.Y.S.3d 577

2015 NY Slip Op 02198

ELHADJ Y. DIAKO, Appellant, v. LEONARDO DANY AGUIRRE YUNGA et al., Respondents.

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

Decided March 19, 2015.


Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered February 14, 2014, which denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff established entitlement to judgment as a matter of law on the issue of liability by submitting his testimony that he was traveling in the left lane of an expressway at 50 miles per hour when defendants'...

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