SIMMONS v. BERGH

Index No. 20007/16. Appeal No. 13386. Case No. 2020-01403.

192 A.D.3d 547 (2021)

140 N.Y.S.3d 703

2021 NY Slip Op 01563

Stacy Simmons, Respondent, v. Rebecca E. Bergh et al., Appellants.

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

Decided March 18, 2021.


Attorney(s) appearing for the Case

Cuomo LLC, Mineola ( Matthew A. Cuomo of counsel), for appellants.

Block O'Toole & Murphy, LLP, New York ( Christina R. Mercado of counsel), for respondent.

Concur—Acosta, P.J., Gische, Webber, González, JJ.


The record demonstrates defendants' liability for the injuries plaintiff sustained when defendants' vehicle ran over her foot as she was crossing the street at an intersection. Plaintiff testified that the traffic light was in her favor and that before she crossed the street she looked in both directions and signaled to defendant driver to alert her to her presence. The driver admitted that she never saw plaintiff, perhaps due...

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