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SAMNATH v. LIFESPIRE SERVS., INC.

Index No. 26662/20E. Appeal No. 15763. Case No. 2021-01584.

204 A.D.3d 554 (2022)

164 N.Y.S.3d 820

2022 NY Slip Op 02643

Liza M. Samnath et al., Appellants, v. Lifespire Services, Inc., et al., Respondents.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Ogen & Sedaghati, P.C., New York (Eitan Ogen of counsel), for appellants.

Fishman McIntyre Levine Samansky, P.C., New York (Kevin J. Donnelly of counsel), for respondents.

Concur—Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.

Plaintiffs established their prima facie entitlement to partial summary judgment by averring that, at the time of the accident, their vehicle was traveling westbound through an intersection at 91st Avenue in Queens, when defendants' vehicle failed to stop at a designated stop sign and struck the middle of the driver's side of plaintiffs' vehicle (see Martinez v Cofer, 128 A.D.3d 421, 422 [1st Dept 2015]). A presumption of negligence...

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