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DEJORGE v. METROPOLITAN FOODS, INC.

Index No. 160772/15. Appeal No. 13107. Case No. 2020-00957.

191 A.D.3d 500 (2021)

138 N.Y.S.3d 318

2021 NY Slip Op 00905

Digna Acevedo Dejorge, Respondent, v. Metropolitan Foods, Inc., Doing Business as Driscoll Foods, et al., Appellants, and Sigfrido R. Jorge, Respondent, et al., Defendants.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

Weiner, Millo, Morgan & Bonanno, LLC, New York ( John P. Bonanno of counsel), for appellants.

Lesnevich, Marzano-Lesnevich, O'Cathain & O'Cathain LLC, New York ( Domhnall O'CathÁin of counsel), for Digna Acevedo DeJorge, respondent.

Rubin, Fiorella, Friedman & Mercante LLP, New York ( Stewart B. Greenspan of counsel), for Sigfrido R. Jorge, respondent.

Concur— Acosta, P.J., Kapnick, Singh, Mendez, JJ.

Jorge established his prima facie entitlement to judgment as matter of law. Jorge's and plaintiff's deposition testimony establish that his vehicle was stopped at the traffic light when his vehicle's rear driver side bumper was struck by defendant Metropolitan Foods' left-turning truck and renders Metropolitan Foods' claim that the rear of Jorge's vehicle was in the intersection in violation of Vehicle and Traffic Law § 1175...

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