SMITH v. CITY OF NEW YORK

10786, 154726/13.

179 A.D.3d 500 (2020)

114 N.Y.S.3d 220

2020 NY Slip Op 00348

Anthony Smith, Appellant, v. City of New York et al., Respondents.

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

Decided January 16, 2020.


Defendants established their prima facie entitlement to judgment as a matter of law by showing that Vehicle and Traffic Law § 1214 was violated when the passenger in plaintiff's parked car opened the door into oncoming traffic when it was not safe to do so (see Tavarez v Castillo Herrasme, 140 A.D.3d 453 [1st Dept 2016]; see also Perez v Steckler, 157 A.D.3d...

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