Borbon v. Pescoran

Order, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered June 23, 2009, which granted the motion of defendants Marvarino’s, Cookies Childrens Togs, Sunshine Stores and John Doe (the Marvarino defendants) for summary dismissal of the complaint, unanimously reversed on the law, without costs, the motion denied, and complaint reinstated.

This personal injury action arises from a motor vehicle accident in the Bronx in 2006. The vehicle in which plaintiff was a passenger drove up behind a Marvarino’s box truck double-parked in the right-hand travel lane of Webster Avenue, in front of a…