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Marilyne Cartagena v. John P. Girandola

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 26, 2013

MARILYNE CARTAGENA,
PLAINTIFF-RESPONDENT,
v.
JOHN P. GIRANDOLA,
DEFENDANT-APPELLANT.

Cartagena v Girandola

Decided on March 26, 2013

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., Moskowitz, DeGrasse, Richter, Gische, JJ.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered January 30, 2012, which, insofar as appealed from as limited by the briefs, granted plaintiff's cross motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

In this action for personal injuries, plaintiff established her entitlement to judgment as a matter of law on the issue of liability. She testified, without contradiction, that while crossing the street in the crosswalk, with the light in her favor and after looking for oncoming traffic, defendant's truck struck her while making a left turn. Defendant failed to raise an issue of fact as to plaintiffs comparative negligence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 26, 2013

CLERK

20130326

© 1992-2013 VersusLaw Inc.



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