LARACUENTE v. RUIZ


304 A.D.2d 478 (2003)

758 N.Y.S.2d 641

ANDRE LARACUENTE, Respondent, v. JOSE L. RUIZ, Appellant.

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

Decided April 24, 2003.


Issues of fact exist as to whether, inter alia, defendant kept a proper lookout of the traffic conditions ahead of him, was traveling at a safe speed as he approached the intersection near where the accident occurred (Vehicle and Traffic Law § 1180 [e]), and otherwise operated his van with due care to avoid the collision that occurred as plaintiff crossed from the westbound side of the street to the eastbound side in which defendant was traveling (Vehicle and Traffic...

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