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BONGIOVANNI v. MARINO

255 A.D.2d 540 (1998)

680 N.Y.S.2d 865

Calogero J. Bongiovanni, Appellant, v. Jo Ann A. Marino, Respondent

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

November 30, 1998

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The evidence submitted by the plaintiff on his motion established that the defendant failed to stop at a stop sign and made out a prima facie case that the accident resulted solely from the defendant's negligence (see, Vehicle and Traffic Law § 1142 [a]; Bolta v Lohan, 242 A.D.2d 356

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