CANESTRI v. UNITED COACH LINES, INC.

Index No. 152081/17. Appeal No. 14752. Case No. 2021-01093.

200 A.D.3d 407 (2021)

154 N.Y.S.3d 761

2021 NY Slip Op 06750

Vanessa Barbero Canestri et al., Respondents, v. United Coach Lines, Inc. et al., Appellants.

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

Decided December 2, 2021.


Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York ( Heather Ragone of counsel), for appellants.

Arnold E. DiJoseph, P.C., New York ( Arnold E. DiJoseph, III of counsel), for respondents.

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


In this action in which plaintiff's decedent was struck by a bus owned and operated by defendants, summary judgment is precluded by conflicting witness testimony and experts' affidavits (see e.g. Rawls v Simon, 157 A.D.3d 418, 419 [1st...

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