CARO v. CHESNICK

4918, 308876/12.

155 A.D.3d 447 (2017)

63 N.Y.S.3d 665

2017 NY Slip Op 07940

KIMBERLY CARO et al., Appellants, v. EDWARD CHESNICK et al., Defendants, and IOANNIS KENTIMENOS et al., Respondents.

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

Decided November 14, 2017.


Plaintiffs' decedent was riding his motorcycle on the Cross Bronx Expressway, lane-splitting and weaving in and out of lanes at a rate of speed in excess of other vehicles on the road, in stop and go traffic, when he struck the rear of a motor vehicle in the center lane. Decedent was thrown from his motorcycle to the left lane, rolled under defendants' tractor-trailer, and was run over by the tractor-trailer's rear wheels.

Defendants made a prima facie showing that...

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