ESPINAL v. SUREAU


262 A.D.2d 523 (1999)

691 N.Y.S.2d 335

JOSE ESPINAL, Appellant, v. TIMOTHY J. SUREAU, Respondent.

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

Decided June 21, 1999.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiffs motion for summary judgment (see, CPLR 3212). The defendant's vehicle crossed a double-yellow line in violation of Vehicle and Traffic Law § 1126 (a) and struck an oncoming vehicle driven by the plaintiff. The defendant's violation of that statute may be excused if he exercised reasonable care in an effort to comply...

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