NIEVES v. 8 AVE. FURNITURE, INC.

2018-06410, Index No. 24506/12.

170 A.D.3d 1029 (2019)

96 N.Y.S.3d 279

2019 NY Slip Op 02105

Evelyn Nieves, Respondent, v. 8 Avenue Furniture, Inc., Appellant, et al., Defendant.

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

Decided March 20, 2019.


Ordered that the order is affirmed, with costs.

On January 4, 2012, at about 4:00 p.m., the plaintiff was crossing 5th Avenue in Brooklyn when she allegedly was struck by a white van owned by the defendant 8 Avenue Furniture, Inc. (hereinafter the defendant). The plaintiff commenced this action against the defendant and the unidentified driver. At a trial on the issue of liability against the defendant only, the plaintiff testified that she waited for the signal governing...

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