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MONTAGUE v. SHUN LEE PALACE REST., INC.

159324/17. Appeal No. 14407. Case No. 2020-03862.

198 A.D.3d 511 (2021)

152 N.Y.S.3d 795

2021 NY Slip Op 05668

Antoinette Montague, Appellant, v. Shun Lee Palace Restaurant, Inc., et al., Respondents.

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

Decided October 19, 2021.

Attorney(s) appearing for the Case

Michael H. Zhu, PC, New York ( Michael H. Zhu of counsel), for appellant.

Gallo Vitucci Klar, LLP, New York ( Jae W. Joo of counsel), for respondents.

Concur—Gische, J.P., Webber, Mazzarelli, Moulton, Pitt, JJ.

Plaintiff made a prima facie showing of defendants' negligence by submitting their employee's testimony that while making food deliveries for defendants, he collided with pedestrian plaintiff while operating his bicycle in the wrong direction on a one-way street (see Vehicle and Traffic Law § 1127; Guerrero v Milla, 135 A.D.3d 635 [1st Dept 2016]). In opposition, defendants failed to raise an issue of fact by offering...

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