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MATYAS v. NEW YORK CITY DEPARTMENT OF SANITATION

2017-00872 Index No. 2384/15.

159 A.D.3d 813 (2018)

69 N.Y.S.3d 827

2018 NY Slip Op 01600

ERNEST MATYAS, Appellant, v. NEW YORK CITY DEPARTMENT OF SANITATION et al., Respondents.

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

Decided March 14, 2018.

Ordered that the order is affirmed, with costs.

The plaintiff alleged that he sustained personal injuries when he was struck by a New York City Department of Sanitation truck driven by the defendant Joseph Peter Lopez as he was crossing 50th Street at its intersection with 13th Avenue in Brooklyn. After commencing this personal injury action against the defendants, the plaintiff moved for summary judgment on the issue of liability, contending that Lopez's negligence...

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