Plaintiff established prima facie entitlement to judgment on liability as a matter of law, in this action where plaintiff was injured when, while riding a bicycle, he was struck by a truck driven by defendant Ortiz and owned by defendant Danella Construction of New York, Inc. The video footage taken from inside defendants' truck shows plaintiff bicycling on the right side of the lane in front of Ortiz before being struck (see Higashi v M&R Scarsdale Rest., LLC,
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FERNANDEZ v. ORTIZ
11490. 300764/17.
183 A.D.3d 443 (2020)
121 N.Y.S.3d 867
2020 NY Slip Op 02856
Eddy Rafael Fernandez, Appellant, v. Jason H. Ortiz et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 14, 2020.
Decided May 14, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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