HICIANO v. BENSON

Inc., Defendant-Appellant. Index No. 20271/13E. Appeal No. 12550. Case No. 2020-00984.

189 A.D.3d 435 (2020)

137 N.Y.S.3d 329

2020 NY Slip Op 07277

Zobeida Hiciano, Respondent, v. Barry D. Benson et al., Defendants, and Tremont Electric Co., Inc., Appellant.

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

Decided December 3, 2020.


Attorney(s) appearing for the Case

Weber Gallagher Simpson Stapleton Fires & Newby LLP, New York ( Robert A. Suarez of counsel), for appellant.

The Altman Law Firm, PLLC, Woodmere ( Michael T. Altman of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Gesmer, Kern, Shulman, JJ.


The jury's apportionment of 65% fault to plaintiff and 35% fault to defendants was not against the weight of the evidence where, at the time of the accident, both plaintiff and the driver of the vehicle were in violation of the Vehicle and Traffic Law, neither plaintiff nor the driver saw each other despite having unobstructed views, the driver had begun the process of parallel parking, angling the vehicle in reverse at a 30- to 45-degree angle to the right, and plaintiff...

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