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SAVALL v. NEW YORK CITY TRANSIT AUTHORITY

9670, 302008/15.

173 A.D.3d 566 (2019)

102 N.Y.S.3d 589

2019 NY Slip Op 04999

Guy Savall, Appellant, v. New York City Transit Authority, Respondent, et al., Defendant.

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

Decided June 20, 2019.

Plaintiff's motion was properly denied in this action for personal injuries sustained in a collision between defendants' bus and plaintiff's vehicle. Triable issues of fact exist as to how the accident occurred since plaintiff and defendant Campbell provided conflicting versions of the accident (see e.g. Hedian v MTLR Corp., 169 A.D.3d 620 [1st Dept 2019]). Plaintiff's argument that Campbell's version of the accident should be rejected...

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