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MAYS v. WEIMAN

73 A.D.2d 639 (1979)

Robert Mays, Respondent, v. James J. Weiman et al., Appellants

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

December 17, 1979

Judgment affirmed, with costs.

It is conceded that the stop sign on the northeast corner, which controlled defendants' westbound vehicle, was missing. Nevertheless, the "rights and obligations [of the servient driver] depend upon whether he is aware that the [street] he is approaching is a through [street]. If he is, the fact that the stop sign is missing or obscured is irrelevant" (I PJI [2d ed], p 237). The evidence that

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