CASTRO v. HATIM

8520. 303415/14.

174 A.D.3d 464 (2019)

106 N.Y.S.3d 24

2019 NY Slip Op 05639

Daisy Castro, Appellant, v. Fazil Hatim et al., Respondents.

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

Decided July 16, 2019.


The photographic evidence shows that plaintiff's SUV struck the rear of defendants' tractor-trailer as plaintiff was attempting to merge into defendants' truck's lane of traffic. Thus, plaintiff violated her "duty not to enter a lane of moving traffic until it was safe to do so" (Davis v Turner, 132 A.D.3d 603, 603 [1st Dept 2015]; see Vehicle and Traffic Law § 1128[a];

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