MITCHELL v. SMITH

1697, 306510/12.

142 A.D.3d 861 (2016)

37 N.Y.S.3d 541

JAMES MITCHELL et al., Plaintiffs, v. BARRINGTON A. SMITH, Appellant, and EXCEL DEMOLITION RECYCLING et al., Respondents.

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

Decided September 27, 2016.


Smith's vehicle was proceeding northbound in the right light lane of Interstate 95 when it was struck on the driver's side by a tractor-trailer owned by defendant Excel Demolition Recycling and operated by defendant Campusano, which was trying to enter the right lane from the middle lane. Plaintiffs were passengers in Smith's vehicle.

Smith established his prima facie entitlement to summary judgment by evidence that the tractor-trailer improperly attempted to change...

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