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SALODKAYA v. CITY OF NEW YORK

Index No. 450862/18. Appeal No. 13658-13658A. Case No. 2020-02587, 2020-03743.

193 A.D.3d 604 (2021)

147 N.Y.S.3d 24

2021 NY Slip Op 02478

Volha Salodkaya, Appellant, v. City of New York et al., Respondents, et al., Defendants.

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

The Flomenhaft Law Firm, PLLC, New York ( Andrew Wanger of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Jonathan A. Popolow of counsel), for The City of New York, New York City Department of Transportation and James Demarco, respondents.

Concur—Acosta, P.J., Renwick, Singh, Moulton, JJ.

Supreme Court should have granted plaintiff's motion for partial summary judgment on liability against the City defendants, because the record demonstrates that defendant James DeMarco was negligent as a matter of law in backing up a truck owned by defendants City of New York and New York City Department of Transportation (collectively, the City) into the stopped vehicle plaintiff was sitting in without taking adequate precautions (see Vehicle and Traffic Law §...

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