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FLORES v. CITY OF NEW YORK

1320, 405191/06.

66 A.D.3d 599 (2009)

888 N.Y.S.2d 27

2009 NY Slip Op 7751

PEDRO A. FLORES, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 29, 2009.

Plaintiff made a prima facie showing of negligence on the part of defendant Lang by submitting his affidavit indicating that the motor vehicle accident at issue occurred when Lang pulled out of a parking position and into a lane of moving traffic (see Vehicle and Traffic Law § 1128 [a]; Zummo v Holmes, 57 A.D.3d 366 [2008]; Calandra v Dishotsky, 244 A.D.2d 376, 377 [1997]).<...

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