BARRETTE v. VICENTE

555, 20344/12.

137 A.D.3d 599 (2016)

26 N.Y.S.3d 700

2016 NY Slip Op 02022

KEMAR BARRETTE, Appellant, v. ALBERT VICENTE, Respondent.

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

Decided March 22, 2016.


The record demonstrates that defendant, while driving in the center lane of the Grand Concourse, first saw plaintiff a "millisecond" before impact, when he was approximately one car length away from plaintiff. Defendant, who was traveling below the 30-mile-per-hour speed limit, swerved his car to the right, moving into the outermost lane of travel, avoiding full-on impact with plaintiff. However, the rear tire of defendant's car ran over plaintiff's foot. The record further...

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