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CHAVIS v. ZORRILLA

Index No. 801548/21 Appeal No. 1313 Case No. 2023-00879.

222 A.D.3d 581 (2023)

202 N.Y.S.3d 96

2023 NY Slip Op 06802

Mallory Chavis, Appellant, v. Luis Miguel Zorrilla et al., Respondents.

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

Decided December 28, 2023.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York (Travis K. Wong of counsel), for appellant.

Cullen & Dykman, LLP, New York (Nicholas M. Cardascia of counsel), for respondents.

Concur—Kern, J.P., Oing, Gesmer, Moulton, Mendez, JJ.

Order, Supreme Court, Bronx County (Bianka Perez, J.), entered December 20, 2022, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants made a prima facie showing of entitlement to summary judgment by submitting the parties' deposition testimony indicating that the accident occurred when plaintiff pulled out of a parked position and into a lane of moving traffic (see Vehicle and Traffic...

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