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ZUMMO v. HOLMES

57 A.D.3d 366 (2008)

869 N.Y.S.2d 447

THOMASINA ZUMMO, Appellant, v. EVERETT H. HOLMES, Respondents.

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

December 18, 2008.

Plaintiff made a prima facie showing of entitlement to summary judgment on the issue of liability. Plaintiff was driving in the right lane when defendant Holmes, who was driving a tractor trailer in the lane to plaintiff's left, attempted to merge into plaintiff's lane when his lane ended, at which point the tractor trailer struck plaintiff's vehicle (see Williams v New York City Tr. Auth., 37 A.D.3d 827 [2007]; Vehicle and Traffic...

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