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PRAK v. NEW YORK CITY TR. AUTH.

Index No. 22507/17E. Appeal No. 15899-15899A. Case Nos. 2021-01625, 2022-00033.

205 A.D.3d 489 (2022)

165 N.Y.S.3d 837

2022 NY Slip Op 03086

Soknyroth Prak, Appellant, v. New York City Transit Authority et al., Respondents.

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

Decided May 10, 2022.

Attorney(s) appearing for the Case

German Rubenstein LLP, New York (Joel M. Rubenstein of counsel), for appellant.

Gallo, Vitucci & Klar, New York (Yolanda L. Ayala of counsel), for respondents.

Concur—Webber, J.P., Singh, Moulton, Kennedy, Rodriguez, JJ.

The conflict between plaintiff's version of the accident, in which defendant bus driver pulled out of a bus stop without yielding the right-of-way to her, and the bus driver's version, in which plaintiff turned right suddenly in front of the moving bus, presents issues of fact precluding summary judgment as to liability (see Savall v New York City Tr. Auth., 173 A.D.3d 566 [1st Dept 2019]).

Plaintiff failed to submit evidence in support of dismissing the first...

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