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MARTINEZ v. CLEAN AIR CAR SERVICE & PARKING BRANCH ONE, LLC

3474.

148 A.D.3d 569 (2017)

2017 NY Slip Op 02138

48 N.Y.S.3d 600

ULISES MARTINEZ, Respondent, v. CLEAN AIR CAR SERVICE & PARKING BRANCH ONE, LLC, et al., Appellants.

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

Decided March 23, 2017.

Summary judgment was properly denied in this action where plaintiff was injured when he was allegedly struck by defendants' vehicle as he rode his bicycle. The parties' differing versions as to how the accident occurred present triable issues as to liability for the accident (see Susino v Panzer, 127 A.D.3d 523, 524 [1st Dept 2015]; DeRosa v Valentino, 14 A.D.3d...

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