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BORGELLA v. CITY OF NEW YORK

Index No. 151413/14. Appeal No. 14571. Case No. 2020-03370.

199 A.D.3d 443 (2021)

154 N.Y.S.3d 228

2021 NY Slip Op 06073

Pierre Borgella, Appellant, v. City of New York et al., Respondents.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Pollack Pollack Isacc & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Amy McCamphill of counsel), for respondents.

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

As an initial matter, we find no merit to the argument that the appeal should be dismissed because plaintiff's appendix is insufficient. There is no basis in this record to disturb the jury's credibility determinations concerning how the accident occurred. The jury credited the firefighters' testimony that while on an emergency run the fire truck's lights, horns and sirens were operational, and that plaintiff's taxicab was double...

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