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NASIRUDIN v. HARRY

8 A.D.3d 540 (2004)

778 N.Y.S.2d 699

HEMWANTY NASIRUDIN, Appellant, et al., Plaintiffs, v. GANESH HARRY et al., Defendants, and LEE E. HOLDEN, Respondent.

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

June 21, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly determined that the deposition testimony of the defendant Khomalram Prabhudayal, which was submitted on the plaintiff's motion for leave to renew, established that Prabhudayal violated Vehicle and Traffic Law § 1142 (a) by failing to yield the right of way to the vehicle driven by the defendant Lee E. Holden. The Supreme...

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