AGUILA v. BENITEZ

5253. 305280/13.

156 A.D.3d 538 (2017)

67 N.Y.S.3d 196

2017 NY Slip Op 08884

ARTURO AGUILA, Appellant, v. JOSE D. BENITEZ et al., Respondents.

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

Decided December 21, 2017.


Defendants met their prima facie burden of demonstrating plaintiff's negligence. Defendants submitted the deposition testimony of both drivers, which established that the accident occurred when plaintiff attempted to make a left turn from the right-hand lane of the Cross Bronx Expressway service road, in violation of Vehicle and Traffic Law § 1160 (c), and struck the side of defendants' vehicle as it was lawfully driving through the intersection (see Maysonet v EAN...

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