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GIL v. JEWISH BD. OF FAMILY & CHILDREN'S SERVS., INC.

11527. 25788/18E.

183 A.D.3d 468 (2020)

121 N.Y.S.3d 857

2020 NY Slip Op 02889

Maria Gil, Appellant, v. Jewish Board of Family and Children's Services, Inc., et al., Respondents.

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

Decided May 14, 2020.

Plaintiff was injured when, while walking in a mall parking lot, she was struck by a vehicle owned by JBFCS and driven by Claiborne in the course of her employment. The record presents triable issues of fact as to whether Claiborne exercised due care while operating the vehicle to avoid the accident. Claiborne testified that before backing the vehicle out of its parking spot, she looked to her right and left and then looked in...

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