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BAEZ-PENA v. MM TRUCK & BODY REPAIR, INC.

3834. 310198/09.

151 A.D.3d 473 (2017)

2017 NY Slip Op 04538

56 N.Y.S.3d 307

MIRTON E. BAEZ-PENA, Appellant, v. MM TRUCK AND BODY REPAIR, INC., et al., Respondents, et al., Defendants.

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

Decided June 8, 2017.

Plaintiff, while driving on the Major Deegan Expressway, rear-ended a box truck operated by defendant Johnny Pena, an employee of defendants MM Truck and Body Repair, Inc. and M&M Truck and Body Repair, Inc., and owned by defendant Sajo Transportation (collectively, the Pena defendants). According to plaintiff's deposition testimony, when the accident happened, he was traveling southbound in the right-hand lane of the expressway...

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