MAYSONET v. EAN HOLDINGS, LLC

466, 150526/11.

137 A.D.3d 517 (2016)

27 N.Y.S.3d 30

2016 NY Slip Op 01745

MARIA MAYSONET et al., Appellants, v. EAN HOLDINGS, LLC, et al., Defendants, and CORNELIUS M. COOPER et al., Respondents.

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

Decided March 10, 2016.


After driving up from Florida overnight as a passenger in a rental car driven by defendant Rivera, plaintiff was seriously injured when Rivera's car turned left from Broadway onto 120th Street, and was struck by defendant Sharma-Cooper's oncoming car. The Cooper defendants demonstrated prima facie that Rivera was negligent through the deposition testimony of both drivers, which established that, in violation of Vehicle and Traffic Law § 1141, Rivera failed to yield the...

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