TAVERAS v. ORTIZ

Index No. 26433/17E. Appeal No. 13434. Case No. 2020-03231.

192 A.D.3d 611 (2021)

2021 NY Slip Op 01874

Isabel Taveras et al., Appellants, v. Gizette Ortiz, Respondent, et al., Defendant.

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

Decided March 25, 2021.


Attorney(s) appearing for the Case

Mitchell Dranow , Sea Cliff, for appellants.

Mead, Hecht, Conklin & Gallagher, LLP, White Plains ( George P. Epstein, II of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Moulton, Shulman, JJ.


The descriptions of the accident given by the parties at their depositions render this matter inappropriate for resolution on summary judgment. In light of plaintiff's testimony that at the time of the accident, she was traveling 40 miles per hour on the expressway, with no cars traveling in front of her, as well as defendant's sworn testimony that plaintiff suddenly stopped on the highway, the record is sufficient to offer a possible non-negligent explanation for the accident...

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