BRITO v. GOMEZ

7281. 306267/14.

165 A.D.3d 472 (2018)

84 N.Y.S.3d 470

2018 NY Slip Op 06790

Benedicta Brito, Appellant, v. Rafael Gomez et al., Respondents.

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

Decided October 11, 2018.


Plaintiff failed to establish entitlement to judgment as a matter of law in this action for personal injuries sustained in a motor vehicle collision. The deposition testimony submitted in support of plaintiff's motion contains conflicting accounts as to her whereabouts at the time of the collision. Plaintiff testified that she was sitting inside her vehicle with the driver's side door open when defendant Gomez, operating a school bus owned by defendant Don Thomas Bus, Inc...

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