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PAULINO v. XING WU CHEN

31895/17. Appeal No. 12079. Case No. 2019-4792.

187 A.D.3d 547 (2020)

130 N.Y.S.3d 661

2020 NY Slip Op 05820

Joanna Paulino, as Parent and Natural Guardian of A.P., an Infant, et al., Appellants, v. Xing Wu Chen et al., Respondents.

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

Decided October 15, 2020.

Defendants' motion for summary judgment should have been denied since the record presents differing versions as to how the accident occurred (see G.G.N. v Ramos, 171 A.D.3d 619, 621 [1st Dept 2019]; Martinez v Clean Air Car Serv. & Parking Branch One, LLC, 148 A.D.3d 569 [1st Dept 2017]). The testimony presented two different versions of how fast defendant was driving his vehicle, and different versions of whether infant...

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