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BURTON v. DAVIS

Index No. 26664/18E. Appeal No. 15465. Case No. 2021-00960.

203 A.D.3d 454 (2022)

160 N.Y.S.3d 864

2022 NY Slip Op 01412

Lanbert Burton, Appellant, v. Peter I. Davis, Defendant, and Vakabantene Diarrassouba et al., Respondents.

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

Decided March 8, 2022.

Attorney(s) appearing for the Case

Michael H. Zhu P.C., New York (Michael H. Zhu of counsel), for appellant.

McCormick & Priore, P.C., New York (Steven R. Gustavson of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Webber, Kern, Friedman, JJ.

In this action for personal injuries sustained in a collision between defendants' vehicle and plaintiff's vehicle, triable issues exist as to how the accident occurred, as plaintiff and defendant Diarrassouba 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 plaintiff's claim that Diarrassouba was in violation of Vehicle and Traffic...

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