PONTICELLO v. WILHELM


249 A.D.2d 459 (1998)

671 N.Y.S.2d 315

Santo Ponticello, Appellant, et al., Plaintiff, v. Wilma Wilhelm et al., Respondents

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

April 20, 1998


Ordered that the order is reversed, on the law, with costs, the motion and the cross motion are granted, the counterclaim is dismissed, and the matter is remitted to the Supreme Court, Nassau County, for a trial on the issue of damages.

The undisputed evidence in the record that the defendants' approach to the intersection where the subject accident occurred was controlled by a stop sign, and that the plaintiffs had the right of way, establishes that the defendant...

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