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AYALA v. PASCARELLI

8248. 306555/12.

168 A.D.3d 613 (2019)

90 N.Y.S.3d 893

2019 NY Slip Op 00575

Juliette Ayala, Appellant, v. James M. Pascprelli et al., Respondents.

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

Decided January 29, 2019.

Plaintiff made a prima facie showing of negligence on the part of defendant Pascarelli by submitting Pascarelli's deposition testimony, which stated that the accident at issue occurred when he moved the backhoe into a lane of moving traffic (see Vehicle and Traffic Law § 1163 [a]; Flores v City of New York, 66 A.D.3d 599 [1st Dept 2009]). Plaintiff was not required to demonstrate her own freedom from comparative negligence...

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