MCLEOD V. TACCONE – 2014 NY SLIP OP 08178 (4TH DEP’T 2014)

Plaintiff bicyclist brought suit against Defendant driver for injuries sustained in an accident that occurred in Monroe County. Defendant moved for summary judgment on the issue of negligence citing Plaintiff’s violation of the Vehicle and Traffic Law. Defendant also contended that Plaintiff was negligent for riding at night with dark clothing. Plaintiff thereafter cross-moved to preclude the testimony of a non-party witness. The Monroe County Supreme Court found in favor of the Defendant and the Plaintiff appealed. The Appellate Division 4th Department found in favor of the Defendant on the issue of the Plaintiff’s negligence and allowed the testimony of the non-party witness.

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