ESTATE OF MIRJANI v. DEVITO

16389, 400437/13

135 A.D.3d 616 (2016)

24 N.Y.S.3d 263

2016 NY Slip Op 00448

ESTATE of VALENTIN MIRJANI, Deceased, by Haleh Kerendian, as Administratrix, et al., Appellants, v. CARLENE DeVITO et al., Respondents, et al., Defendants.

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

Decided January 26, 2016.


Defendants Carlene DeVito, Courtney Riso, and Joseph Fulcoly all told the police at the scene and later testified at their depositions that the vehicle driven by defendant Behrouz Benyaminpour, in which plaintiffs were passengers, crossed the double yellow line and entered the westbound lane of traffic, even though the Benyaminpour vehicle was traveling in the eastbound lane. Behrouz told police at the scene that he had no memory of how the accident happened. All of these...

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