DUVALSAINT v. YUPE-GARCIA

2018-03985. Index No. 31403/17.

169 A.D.3d 864 (2019)

92 N.Y.S.3d 714

2019 NY Slip Op 01196

Marc E. Duvalsaint, Respondent, v. Jorge Yupe-Garcia et al., Appellants.

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

Decided February 20, 2019.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is denied.

It is undisputed that on July 1, 2016, at the intersection of Route 45 and East Eckerson Road in Ramapo, a vehicle operated by the plaintiff collided with a vehicle owned by the defendant David H. Rolls and operated by the defendant Jorge M. Yupe-Garcia (hereinafter together the defendants). The plaintiff alleged that Yupe...

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