PELIKAN v. LATNEY-CASTILLO

2015-02879, Index No. 2262/13.

135 A.D.3d 839 (2016)

23 N.Y.S.3d 354

2016 NY Slip Op 00348

SANDRA PELIKAN, Appellant, v. KAREN LATNEY-CASTILLO, Defendant, and DAQUDA KONATE et al., Respondents.

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

Decided January 20, 2016.


Ordered that the order is affirmed, with costs.

The plaintiff was a passenger in a vehicle operated by the defendant Daquda Konate and owned by the defendant Myna Taxi, Inc., (hereinafter Myna Taxi), when it was struck in the rear by a vehicle operated by the defendant Karen Latney-Castillo. Latney-Castillo testified during her deposition that she was attempting to press the brake pedal when she accidentally pressed the brake pedal and the gas pedal simultaneously...

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