DUSHAJ v. MARTINEZ

Index No. 152235/19, Appeal No. 1902, Case No. 2023-03870.

2024 NY Slip Op 01608

GJERGJ DUSHAJ, Plaintiff-Appellant, v. RODOLFO A. MARTINEZ, Defendant-Respondent.

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

Decided March 21, 2024.


Attorney(s) appearing for the Case

Davidoff Law, P.C., Forrest Hills ( Mark Peter Getzoni of counsel), for appellant.

Hagelin Spencer LLC, Buffalo ( Michael J. Mernin of counsel), for respondent.

Before: Kapnick, J.P., Shulman, Rodriguez, O'Neill Levy, JJ.


Order, Supreme Court, New York County (James G. Clynes, J.), entered December 28, 2022, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established his entitlement to judgment as a matter of law through his testimony that, as he was driving within the speed limit, plaintiff stepped out from behind a parked car into the path of his vehicle, creating an emergency situation that he was unable...

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