BARRACATO v. SP PLUS CORP.

8303. 306525/14.

168 A.D.3d 645 (2019)

91 N.Y.S.3d 684

2019 NY Slip Op 00698

Stephen Barracato, Respondent, v. SP Plus Corporation et al., Appellants.

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

Decided January 31, 2019.


Plaintiff was unloading merchandise from the drivers' side of his truck on the south side of 96th Street, a two way multilane street, when he was hit by the passenger side of defendants' shuttle bus as it drove by him. Defendants' motion for summary judgment was correctly denied because it did not present sufficient evidence to eliminate any material issues of fact concerning whether defendant driver failed to exercise due care to avoid striking plaintiff, whom he admitted...

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