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MATTER OF SEON v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

No. 32.

35 N.Y.3d 1032 (2020)

2020 NY Slip Op 03564

In the Matter of WAYNE SEON, Respondent, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Appellants.

Court of Appeals of New York.

Decided June 25, 2020.

Attorney(s) appearing for the Case

Letitia James , Attorney General, New York City ( Linda Fang , Scott A. Eisman , Barbara D. Underwood and Judith N. Vale of counsel), for appellants.

Armienti, DeBellis & Rhoden, LLP, New York City ( Vanessa M. Corchia of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, the petition denied, and the determination of the New York State Department of Motor Vehicles reinstated.

In November 2014, a New York City Transit bus driven by petitioner struck the victim, an 88-year-old pedestrian. At the time of the accident, the victim was in a marked crosswalk with the right-of...

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