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PALAU v. PAGAN

Index No. 301507/14. Appeal No. 13744. Case No. 2020-04200.

194 A.D.3d 425 (2021)

143 N.Y.S.3d 206

2021 NY Slip Op 02759

Elizabeth Palau, Appellant, v. Jay A. Pagan et al., Respondents.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Law Offices of Alexander Bespechny, Bronx ( Louis A. Badolato of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Meredith Drucker Nolen of counsel), for respondents.

Concur—Acosta, P.J., Manzanet-Daniels, Moulton, Scarpulla, JJ.

Defendants established prima facie that the collision between their ambulance, operated by defendant Pagan, and plaintiff's vehicle was caused by plaintiff's turning left across the path of the oncoming ambulance (see Abboud v Pawelec, 141 A.D.3d 438 [1st Dept 2016]; Foreman v Skeif, 115 A.D.3d 568 [1st Dept 2014]).

In opposition, plaintiff argues that there is an issue of fact as...

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