ASHBY v. ESTATE OF ENCARNACION

2019-03541. Index No. 709058/17.

178 A.D.3d 763 (2019)

111 N.Y.S.3d 894

2019 NY Slip Op 08815

Jennifer Ashby, Appellant, v. Estate of Encarnacion et al., Respondents.

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

Decided December 11, 2019.


Attorney(s) appearing for the Case

Erik Ikhilov, Brooklyn, NY ( Maya Vax of counsel), for appellant.

Bruno, Gerbino & Soriano, LLP, Melville, NY ( Nathan M. Shapiro of counsel), for respondents.

Chambers, J.P., Austin, Duffy and Christopher, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is granted.

On April 12, 2016, a vehicle owned and operated by the plaintiff was traveling north on 155th Street in Queens. There was no traffic control device governing traffic on 155th Street at its intersection with 114th Road. A vehicle owned by the defendant Ireno Encarnacion and operated by Maicol Encarnacion was traveling east...

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