WHITEHEAD v. DAVID ROSEN BAKERY SUPPLIES, INC.

2020-08574. Index No. 524227/19.

208 A.D.3d 533 (2022)

173 N.Y.S.3d 298

2022 NY Slip Op 04829

Lotoya C. Whitehead et al., Respondents, v. David Rosen Bakery Supplies, Inc., et al., Appellants.

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

Decided August 3, 2022.


Attorney(s) appearing for the Case

Marshall Dennehey Warner Coleman & Goggin, P.C., Melville, NY ( Martin A. Schwartzberg of counsel), for appellants.

Ogen & Sedaghati, P.C., New York, NY ( John F. Occhiogrosso and Eitan Alexander Ogen of counsel), for respondents.

Barros, J.P., Iannacci, Miller and Wooten, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

On October 14, 2017, at approximately 7:00 a.m., the plaintiff Andros V. Rodney was driving a vehicle eastbound on Liberty Avenue in Queens, with the plaintiff Lotoya C. Whitehead as a passenger. As the plaintiffs' vehicle passed through the intersection of Liberty Avenue and 150th Street with a green traffic signal, a vehicle operated by the defendant William C. Andrews (hereinafter the defendant...

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