KAPLAN v. VANDERHANS


12 A.D.3d 413 (2004)

786 N.Y.S.2d 526

CYNTHIA KAPLAN, Respondent, v. DORCAS VANDERHANS et al., Appellants.

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

November 8, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment on the issue of liability is denied.

The street where the defendant Dorcas Vanderhans was driving had a stop sign while the intersecting street where the plaintiff was driving did not. According to a nonparty witness, Vanderhans "went through" the stop sign "without stopping." Vanderhans, however, stated that...

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