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RAMROOP v. STEIN

Index No. 32437/20E. Appeal No. 15678. Case No. 2021-02455.

204 A.D.3d 452 (2022)

164 N.Y.S.3d 428

2022 NY Slip Op 02350

Drupattie Ramroop, Appellant, v. Jeffrey S. Stein et al., Respondents.

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

Decided April 7, 2022.

Attorney(s) appearing for the Case

Jaroslawicz & Jaros PLLC, New York ( David Tolchin , of counsel) for appellant.

Law Office of Dennis C. Bartling, Westbury ( Alina Vengerov , of counsel) for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Gesmer, Oing, Rodriguez, JJ.

Plaintiff established prima facie that defendant Karly Stein's negligence caused the motor vehicle accident in which she was injured through her affidavit that the accident happened when Stein pulled out of a parked position and into a lane of moving traffic (see Vehicle and Traffic Law §§ 1142, 1162, 1163; Davis v Turner, 132 A.D.3d 603 [1st Dept 2015]). In opposition, defendants failed to raise an issue of fact...

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