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GARCIA v. BLS LIMOUSINE SERV. OF N.Y., INC.

Index No. 155102/18. Appeal No. 14702. Case No. 2020-04195.

199 A.D.3d 612 (2021)

154 N.Y.S.3d 758

2021 NY Slip Op 06653

Enrique Garcia, Respondent, v. BLS Limousine Service of New York, Inc., et al., Appellants.

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

Decided November 30, 2021.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Kathryn M. Beer of counsel), for appellants.

Ginarte Gallardo Gonzalez Winograd, LLP, New York ( Joel Celso of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.

Plaintiff established prima facie that defendant driver violated Vehicle and Traffic Law § 1214 by opening the door of his vehicle when it was not safe to do so and striking plaintiff's bicycle (see Rincon v Renaud, 186 A.D.3d 1551 [2d Dept 2020]; Tavarez v Castillo Herrasme, 140 A.D.3d 453 [1st Dept 2016]). The driver testified that he opened the door on the side of the vehicle adjacent to moving traffic without looking...

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