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McCLELLAND v. SEERY

261 A.D.2d 451 (1999)

690 N.Y.S.2d 97

MICHELLE McCLELLAND et al., Appellants, v. JOHN F. SEERY et al., Respondents, and BERNARD NEWMAN et al., Appellants. (Action No. 1.) JULIE BEIL et al., Appellants, v. JENNIFER NEWMAN et al., Appellants, and JOHN F. SEERY et al., Respondents. (Action No. 2.)

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

Decided May 10, 1999.

Ordered that the interlocutory judgment is affirmed, with one bill of costs payable by the appellants.

Undisputed evidence established that the defendant Jennifer Newman failed to yield the right of way to the defendant John F. Seery after stopping at a stop sign controlling traffic, in violation of Vehicle and Traffic Law § 1142 (a), and that her negligence was the proximate cause of the collision (see, Rumanov v Greenblatt, 251 A.D.2d...

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