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CONCEPCION v. CITY OF NEW YORK

Index No. 33025/18E. Appeal No. 15196. Case No. 2021-02865.

202 A.D.3d 403 (2022)

158 N.Y.S.3d 560

2022 NY Slip Op 00626

Juan Concepcion et al., Appellants, v. City of New York et al., Respondents.

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

Decided February 1, 2022.

Attorney(s) appearing for the Case

Goldberg & Salerno, P.C., Deer Park (Allen Goldberg of counsel), for appellants.

Silverman Shin & Byrne P.C., New York (Aryeh Reiser of counsel), for respondents.

Concur—Kern, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.

In this action for personal injuries sustained in a collision between defendants' bus and plaintiffs' vehicle, triable issues exist as to how the accident occurred, as plaintiff Concepcion and defendant Vines provided conflicting versions of the accident (see Savall v New York City Tr. Auth., 173 A.D.3d 566, 567 [1st Dept 2019]). The sole basis for plaintiffs' claim that Vines was in violation of Vehicle and Traffic Law §§ 1128(a) and 1162 is Concepcion's...

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