CORTES v. VENTURA

Index No. 22032/19E. Appeal No. 12368. Case No. 2020-01353.

188 A.D.3d 487 (2020)

132 N.Y.S.3d 291

2020 NY Slip Op 06449

Javier Cortes, Appellant, v. Nelson O. Ventura et al., Respondents.

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

Decided November 12, 2020.


The court correctly determined that there are issues of fact that preclude granting plaintiff summary judgment. Plaintiff alleges in his affidavit that his vehicle was traveling on 37th Avenue in Queens, at approximately 25 miles per hour, and was approximately one car length away from the intersection of 110th Street, when defendants' truck failed to stop at a stop sign and entered the intersection causing plaintiff's vehicle to strike it. In opposition, defendants submitted...

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