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MARTINEZ v. WE TRANSP. INC.

6248, 24940/15E.

161 A.D.3d 458 (2018)

76 N.Y.S.3d 152

2018 NY Slip Op 03311

Luis A. Martinez, Appellant, v. WE Transport Inc. et al., Respondents.

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

Decided May 8, 2018.

The motion court should have granted plaintiff's motion in this action for personal injuries sustained in a collision between two buses.

The Vehicle and Traffic Law (§ 1180 [a]) imposes a duty to drive at a safe rate of speed under existing conditions. In addition, "drivers have a `duty to see what should be seen and to exercise reasonable care under the circumstances to avoid an accident'" (Johnson v Phillips, 261 A.D.2d 269

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