CHARLES v. BAGELS BY BELL, LTD.

2019-10020. Index No. 6218/15.

203 A.D.3d 797 (2022)

160 N.Y.S.3d 884

2022 NY Slip Op 01438

Jeannie Charles, Appellant, v. Bagels by Bell, Ltd., Respondent.

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

Decided March 9, 2022.


Attorney(s) appearing for the Case

Sullivan Papain Block McGrath & Cannavo P.C., New York, NY ( Stephen C. Glasser of counsel), for appellant.

Hammill, O'Brien, Croutier, Dempsey, Pender & Koehler, P.C., Syosset, NY ( Anton Piotroski of counsel), for respondent.

Barros, J.P., Rivera, Maltese and Ford, JJ., concur.


Ordered that the order is affirmed, with costs.

On January 31, 2014, at 1:40 p.m., the plaintiff's decedent, while driving westbound on Foster Avenue in Brooklyn, struck the defendant's unoccupied box truck in the rear while it was double-parked in the westbound lane. A surveillance videotape depicts the plaintiff's decedent's vehicle traveling at an excessive speed, striking the box truck without swerving or slowing down, and propelling the box truck forward. There...

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