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BIRENCWAJG v. COMPAORE

Index No. 158784/19. Appeal No. 14747. Case No. 2021-01628.

200 A.D.3d 404 (2021)

154 N.Y.S.3d 776

2021 NY Slip Op 06747

Silvana Birencwajg, Respondent, v. Moise Compaore et al., Defendants, and Chalk Point Kitchen et al., Appellants.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Katz & Rychik, P.C., New York ( Abe M. Rychik of counsel), for appellants.

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

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.

Plaintiff seeks to recover damages for injuries she suffered when defendant Moise Compaore struck her with his electric bicycle as she was walking on the sidewalk. The complaint alleges that Compaore was employed by the restaurant defendants on the day of the accident to pick up and deliver food to a certain destination and that his negligence in operating his electric bicycle on a public sidewalk at an excessive and dangerous speed and his failure to maintain a sufficient...

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