GONZALEZ v. MARESCOT

1271, 161056/13E.

139 A.D.3d 603 (2016)

33 N.Y.S.3d 26

2016 NY Slip Op 04105

HUMBERTO GONZALEZ, Respondent, v. MAZILE S. MARESCOT, Appellant.

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

Decided May 26, 2016.


Plaintiff testified that he stopped his vehicle in the right lane of the highway at night after one of its tires went flat, then activated his hazard lights, exited the vehicle, and stood behind the vehicle while signaling other drivers to go around him. Approximately 10 minutes later, defendant's vehicle rearended plaintiff's vehicle, allegedly causing injury. At his deposition, defendant testified, inter alia, that he did not see plaintiff's vehicle in time to avoid a collision...

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