DePASS v. BENEDUCI

2021-00678. Index No. 59613/18.

207 A.D.3d 620 (2022)

172 N.Y.S.3d 690

2022 NY Slip Op 04622

Hewitt G.A. DePass, Respondent, v. Roseanne M. Beneduci et al., Appellants.

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

Decided July 20, 2022.


Attorney(s) appearing for the Case

Collins Fitzpatrick & Schoene, LLP, White Plains, NY ( Kevin P. Fitzpatrick of counsel), for appellants.

Baker Leshko Saline & Drapeau, LLP, New York, NY ( Betsy DeSoye of counsel), for respondent.

Connolly, J.P., Christopher, Ford and Dowling, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is denied.

In May 2018, the plaintiff, while operating his motorcycle on Tuckahoe Road at its intersection with Mountaindale Road in Yonkers, allegedly was injured when his motorcycle was involved in a collision with a vehicle owned by the defendant Carolyn Cesta and operated by the defendant Roseanne M. Beneduci, as the defendants...

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