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PRATT v. JIMENEZ

1075, 306518/10.

139 A.D.3d 446 (2016)

29 N.Y.S.3d 183

2016 NY Slip Op 03593

RICHARD R. PRATT et al., Appellants, v. ELSA JIMENEZ et al., Respondents, et al., Defendant.

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

Decided May 5, 2016.

In a two-car accident in which the passengers of one of the alleged offending vehicles seek damages from both drivers, defendant Jimenez demonstrated her prima facie entitlement to judgment through her deposition testimony that she was traveling at a reasonable rate of speed under the prevailing conditions and did not leave her lane of traffic. Plaintiffs' speculation that the moving defendant may have been negligent and may have...

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