BALLADARES v. CITY OF NEW YORK

2018-11929. Index No. 702486/18.

177 A.D.3d 942 (2019)

114 N.Y.S.3d 448

2019 NY Slip Op 08549

Martha A. Balladares et al., Appellants, v. City of New York et al., Respondents.

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

Decided November 27, 2019.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiffs' motion which were for summary judgment on the issue of liability and dismissing the first affirmative defense are granted.

The plaintiffs were passengers in a vehicle operated by a nonparty when it collided, at the T-intersection of Alderton Street and Asquith Crescent in Queens, with a vehicle operated by the defendant Stephen Kuo (hereinafter...

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