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PAGELS v. MULLEN

1021 CA 18-00382.

167 A.D.3d 185 (2018)

88 N.Y.S.3d 727

2018 NY Slip Op 07855

FREDERICK B. PAGELS, Appellant, v. THADDEUS J. MULLEN, Respondent.

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

Decided November 16, 2018.

Attorney(s) appearing for the Case

Cellino & Barnes, P.C., Buffalo ( Ellen B. Sturm of counsel), for appellant.

Law Office of Daniel R. Archilla, Buffalo ( Jeffrey Sendziak of counsel), for respondent.

LINDLEY and WINSLOW, JJ., concur with CURRAN, J.; PERADOTTO, J.P., dissents and votes to affirm in a separate opinion in which CARNI, J., concurs.

OPINION OF THE COURT

This appeal arises out of a collision between defendant's vehicle and plaintiff's bicycle at the intersection of Ontario and Evelyn Streets in the City of Buffalo. Defendant, having just left a pizzeria situated at the corner of the intersection, approached the intersection intending to turn right from Evelyn...

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