HAUGHEY v. NOONE


262 A.D.2d 284 (1999)

691 N.Y.S.2d 553

WILLIAM HAUGHEY, Appellant, v. JOHN NOONE, Respondent.

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

Decided June 1, 1999.


Ordered that the judgment is reversed, on the law, with costs, the plaintiff is granted judgment as a matter of law against the defendant on the issue of liability, and the matter is remitted to the Supreme Court, Putnam County, for a trial on the issue of damages.

It is undisputed that the defendant violated Vehicle and Traffic Law § 1126 (a) by crossing over a double yellow line. Such conduct constitutes negligence as a matter of law, unless justified by an...

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