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KIM v. RAMOS

2018-07455, Index No. 70374/15.

181 A.D.3d 914 (2020)

119 N.Y.S.3d 877

2020 NY Slip Op 02069

Kwang Jin Kim, Appellant, v. Jose Rafael Fernandez Ramos, Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided March 25, 2020.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when the car in which he was a passenger, and which was operated by his wife, collided with a vehicle operated by the defendant Jose Rafael Fernandez Ramos and owned by the defendant EAN Holdings, LLC. At his deposition, the plaintiff testified that, at the time of the accident, he had been "relaxing in the back seat" and did not see the impact. Ramos testified at his deposition that...

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