GUERRERO v. MILLA

28

135 A.D.3d 635 (2016)

24 N.Y.S.3d 63

2016 NY Slip Op 00577

ROSA A. GUERRERO, Respondent, v. MARLENI F. MILLA et al., Appellants.

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

Decided January 28, 2016.


Plaintiff avers in support of her motion that she was driving her vehicle straight in the northbound right lane of White Plains Road, while the vehicle owned by defendant Milla and driven by defendant Nieves, with Milla as a passenger, was in the lane to her left, also traveling northbound. The accident occurred when defendants' vehicle, "without warning," attempted to merge into the right lane, striking plaintiff's vehicle. Thus, plaintiff established prima facie entitlement...

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