BERMEO v. TIME WARNER ENTERTAINMENT CO., L.P.

5898 305754/12.

159 A.D.3d 448 (2018)

69 N.Y.S.3d 488

2018 NY Slip Op 01433

JULIO BERMEO, Respondent, v. TIME WARNER ENTERTAINMENT CO., L.P., et al., Appellants.

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

Decided March 6, 2018.


Plaintiff, while traveling south on a bicycle, collided with the passenger side of defendants' northbound truck as it turned left across his path. While the record establishes that plaintiff had the right of way, an issue of fact exists as to whether plaintiff was negligent in that he could have avoided the collision through the exercise of reasonable care but failed to do so. Accordingly, plaintiff was not entitled to summary judgment on the issue...

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