HEARD v. SCHADE

2018-02414, Index No. 608642/16.

172 A.D.3d 1335 (2019)

99 N.Y.S.3d 666

2019 NY Slip Op 04146

Gloria Heard, Appellant, v. Robert Schade et al., Respondents.

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

Decided May 29, 2019.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is granted.

On June 8, 2016, the right front wheel of the defendants' vehicle allegedly ran over the plaintiff's right foot and caused her to fall. The plaintiff testified at a General Municipal Law § 50-h hearing that just prior to the incident, the defendants' vehicle was in a parked position outside of a designated parking spot...

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