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Pragay v. Lavado

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 2007
45 A.D.3d 828 (N.Y. App. Div. 2007)

Opinion

No. 2007-04091.

November 27, 2007.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated March 19, 2007, which granted the plaintiffs motion for summary judgment on the issue of liability.

Boeggeman, George Corde, P.C., White Plains, N.Y. (Cynthia Dolan of counsel), for appellants.

Pirrotti Law Firm, LLC, Scarsdale, N.Y., for respondent.

Before: Schmidt, J.P., Spolzino, Skelos, Lifson and McCarthy, JJ., concur.


Ordered that the order is affirmed, with costs.

Pursuant to Vehicle and Traffic Law § 1211 (a), a "driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic." Here, the plaintiff established her prima facie entitlement to judgment as a matter of law by demonstrating that she was standing in a crosswalk waiting to cross the street when the defendant, who had been sitting in his parked vehicle, suddenly backed his car and struck her. In opposition to the plaintiffs motion, the defendant failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the plaintiffs motion for summary judgment on the issue of liability ( see Ortiz v Calavera, 26 AD3d 319; Garcia v Verizon N.Y., Inc., 10 AD3d 339; Pressner v Serrano, 260 AD2d 458).


Summaries of

Pragay v. Lavado

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 2007
45 A.D.3d 828 (N.Y. App. Div. 2007)
Case details for

Pragay v. Lavado

Case Details

Full title:JOANNA M. PRAGAY, Respondent, v. FERNAN LAVADO et al., Appellants

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

Date published: Nov 27, 2007

Citations

45 A.D.3d 828 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9382
845 N.Y.S.2d 751

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