Lee-David Weiner Wins in the Appellate Division
Smith v. City of New York et al., 179 A.D.3d 500 (1st Dept. 2020)
The Appellate Division First Department unanimously affirmed the lower Court’s decision which granted our client summary judgment. The Appellate Division determined that Vehicle and Traffic Law § 1214 was violated when the passenger in plaintiff's parked car opened the passenger door into oncoming traffic when it was not safe to do so. The Court determined that the photographs submitted of the damage to our client’s bus was consistent with our client’s testimony that plaintiff’s passenger opened plaintiff’s car door and struck the middle of the bus while it was passing.