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EISEN v. KATCHER

155684/17. Appeal No. 15003. Case No. 2020-04651.

201 A.D.3d 464 (2022)

156 N.Y.S.3d 849

2022 NY Slip Op 00122

Morris Eisen, Respondent, v. Andrew Katcher, Respondent, and Gables Transport Inc. et al., Appellants.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

McGaw Alventosa & Zajac, Jericho ( Ross P. Masler of counsel), for appellants.

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York ( Richard M. Steigman of counsel), for Morris Eisen, respondent.

Eustace, Prezioso & Yapchanyk, New York ( Christopher M. Yapchanyk of counsel), for Andrew Katcher, respondent.

Concur—Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ.

This action arises from a three-vehicle motor vehicle accident. At the time of the accident, defendant Garcia was driving a tractor-trailer owned by his employer, defendant Gables. The accident happened on the northbound Bronx River Parkway. Tractor-trailers are not allowed on the Parkway because the overpasses are too low. Just prior to the accident, to avoid hitting an overpass, Garcia suddenly slowed down and stopped the tractor-trailer, resulting in the two rear vehicles...

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