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HANDELSMAN v. LLEWELLYN

21177/12.

180 A.D.3d 580 (2020)

120 N.Y.S.3d 27

2020 NY Slip Op 01278

Matthew I. Handelsman et al., Appellants, v. Andrew L. Llewellyn, Respondent, et al., Defendants.

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

Decided February 25, 2020.

The record demonstrates two different versions of how the accident occurred. Plaintiffs' version is that their vehicle was stopped and that defendant Llewellyn crossed the double yellow line and struck them. Llewellyn, however, testified at his EBT that plaintiffs' vehicle sped towards his vehicle and struck it. These circumstances give rise to credibility issues, which cannot be resolved summarily (see Jeffrey v DeJesus, 116 A.D.3d 574...

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