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VARELA v. ROHLF

10257, 22513/12E.

176 A.D.3d 651 (2019)

112 N.Y.S.3d 43

2019 NY Slip Op 07862

Alexa Varela et al., Appellants, v. Brynn Rohlf, Respondent, and Vincent Zanfardino, Appellant.

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

Decided October 31, 2019.

Attorney(s) appearing for the Case

Mauro Lilling Naparty, LLP, Woodbury ( Kathryn M. Beer of counsel), for Alexa Varela, Alfred Mario Reitano and Sofia Patricia Reitano, appellants.

Vouté, Lohrfink, Magro & McAndrew, LLP, White Plains ( David Schreiber of counsel), for Vincent Zanfardino, appellant.

Picciano & Scahill, P.C., Bethpage ( Gerard Ferrara of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Kern, Singh, JJ.

Defendant Rohlf established prima facie that the motor vehicle accident from which this action arises was caused by defendant Vincent Zanfardino by submitting her own deposition testimony, the testimony of the passenger in Zanfardino's vehicle, the police accident report, and Zanfardino's deposition testimony in which he exercised his Fifth Amendment right to remain silent in response to questions about the cause of the accident (see Matter of Commissioner of Social Servs...

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