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SCOTT v. POSAS

Index No. 22882/14E. Appeal No. 13306. Case No. 2019-05498.

194 A.D.3d 454 (2021)

148 N.Y.S.3d 96

2021 NY Slip Op 02885

Jeffrey C. Scott, Appellant-Respondent, v. Karla Posas, Defendant, and Logan Bus Company, Inc., and/or Little Richie Bus Service, Inc., Respondent-Appellant.

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

Decided May 6, 2021.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco LLP, New York ( Jillian Rosen of counsel), for appellant-respondent.

Mauro Lilling Naparty, LLP, Woodbury ( Katherine Herr Solomon of counsel), for respondent-appellant.

Concur—Manzanet-Daniels, J.P., Kapnick, Kennedy, Shulman, JJ.

On June 25, 2013, plaintiff, a 42-year-old private equity manager at the time, was riding his motorized bicycle southbound on Walton Avenue and 153rd Street in the Bronx when defendant Karla Posas, driving a Logan bus, turned right in front of him, ostensibly striking him and knocking him off his bike. Plaintiff alleged that, due to the accident, he suffered a traumatic brain injury (TBI), a full thickness right rotator cuff tear requiring surgery, and several herniated discs...

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