HIDALGO v. VASQUEZ

303148/16. Appeal No. 12249. Case No. 2019-04958.

187 A.D.3d 683 (2020)

131 N.Y.S.3d 556

2020 NY Slip Op 06224

Stephanie Hidalgo, Respondent, v. Esgare Vasquez et al., Defendants, and Luis Fernandez, Appellant.

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

Decided October 29, 2020.


Defendant made a prima facie showing of entitlement to summary judgment. He testified at his deposition that he was driving slowly in his lane on a two-lane street when codefendants' car, traveling in the opposite direction, sped across the double yellow lines and hit his car, injuring plaintiff, a passenger in defendant's car. Defendant testified that he honked his horn and tried to swerve out of the way, but he could not avoid the accident. The failure of a driver to avert...

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