It cannot be said that plaintiff driver's conduct was the sole proximate cause of the accident, as a matter of law, simply because the approach into the intersection was regulated by a stop sign whereas there were no traffic control devices regulating defendant driver's approach. Issues of fact exist as to events surrounding the accident, including whether defendant driver proceeded into the intersection when it was not safe to do so (see Lake v Suchan,
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HERNANDEZ v. BESTWAY BEER & SODA DISTRIBUTION, INC.
301 A.D.2d 381 (2003)
753 N.Y.S.2d 467
SIMONA HERNANDEZ, Respondent, v. BESTWAY BEER & SODA DISTRIBUTION, INC., et al., Appellants. (And Other Actions.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided January 9, 2003.
Decided January 9, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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