STERN v. AMBOY BUS CO., INC.

2011-10744.

102 A.D.3d 763 (2013)

957 N.Y.S.2d 894

2013 NY Slip Op 193

RICHARD L. STERN et al., Appellants, v. AMBOY BUS CO., INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 16, 2013.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiffs' motion for summary judgment on the issue of liability. The evidence submitted in support of the motion did not establish that the plaintiff driver was free from comparative fault, and that the defendant driver's alleged violation of Vehicle and Traffic Law § 1142 (a) was the sole proximate cause of the accident (see Reyes v Marchese, 96 A...

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