KWIPU v. SONTAG

Index No. 30261/18E. Appeal No. 15596. Case No. 2021-03595.

203 A.D.3d 607 (2022)

162 N.Y.S.3d 729

2022 NY Slip Op 02067

Neomy-Miny Kwipu, Respondent, v. Howard Sontag et al., as Executors of the Estate of Leonard Weisman, Appellants.

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

Decided March 24, 2022.


Attorney(s) appearing for the Case

Camacho Mauro Mulholland, LLP, New York (Kathleen M. Mulholland, of counsel), for appellant.

Anthony V. Gentile, Brooklyn, for respondent.

Concur—Kern, J.P., Moulton, Rodriguez, Pitt, Higgitt, JJ.


Plaintiff established prima facie that her injuries were proximately caused when defendant decedents' car, which was left unattended, rolled out of a gas station and onto the sidewalk, where it struck plaintiff, a pedestrian, from behind. Although defendant decedent testified that he was parked on a flat surface, plaintiff's experts opined that the gas station parking lot was on a 5% grade incline. This discrepancy is of no moment, as defendant decedent testified that he...

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