NUNEZ v. NUNEZ

9570, 152329/15.

175 A.D.3d 1160 (2019)

109 N.Y.S.3d 245

2019 NY Slip Op 06571

Reinaldo Nunez, Respondent, v. Germania Nunez, Respondent, and Danny Budden et al., Appellants.

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

Decided September 17, 2019.


Attorney(s) appearing for the Case

Cozen O'Connor, New York ( Kristin Keehan of counsel), for appellants.

Mitchell Dranow , Sea Cliff, for Reinaldo Nunez, respondent.

O'Connor, McGuinness, Conte Doyle, Oleson, Watson & Loftus, Putnam Valley ( Montgomery Lee Effinger of counsel), for Germania Nunez, respondent.

Concur— Friedman, J.P., Kapnick, Kahn, JJ.


The record establishes, as a matter of law, that the subject accident occurred when the left front of the car being driven in the right driving lane by defendant Germania Nunez (in which plaintiff was a passenger) came into contact with the right rear tire of the truck being driven by defendant Budden in the left driving lane, indicating that the Nunez car struck the Budden truck from behind. Furthermore, the photographs in the record demonstrate that the front of the Nunez...

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