Appellate Division of the Supreme Court of the State of New York October 25, 2011 (Kahan v. Spira)

On December 23, 2007, the plaintiffs decedent, Leib Blum (hereinafter the decedent), allegedly was injured while walking along 18th Avenue in Brooklyn when he was struck and knocked to the ground by the defendant’s vehicle as it was backing out of 51st Street.

On January 17, 2008, the instant action was commenced, and issue was joined by service of the defendant’s answer dated February 12, 2008.