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CARTHEN v. SHERMAN

8075. 155160/14.

169 A.D.3d 416 (2019)

94 N.Y.S.3d 34

2019 NY Slip Op 00954

Trena Carthen, Respondent, v. Scott Sherman, Appellant, and Candis Jackson et al., Respondents.

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

Decided February 7, 2019.

In support of his motion, Sherman submitted his own deposition testimony, deposition testimony of defendant Candis Jackson, and the police report, all showing that Jackson merged from the right lane of the Henry Hudson Parkway into Sherman's middle lane. Sherman also pointed to plaintiff's deposition testimony, in which she admitted that she never saw his car until after the impact, thus indicating that she did not see how the...

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