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FENTON v. AUSTIN

23 A.D.3d 613 (2005)

806 N.Y.S.2d 666

ROVENIA FENTON, Respondent, v. MARSE I. AUSTIN et al., Appellants.

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

November 28, 2005.

Contrary to the defendants' contention, evidence proffered at the trial clearly established as a matter of law that the defendant driver's failure to yield the right of way after stopping at a stop sign was the sole proximate cause of the accident (see Meretskaya v Logozzo, 2 A.D.3d 599 [2003]; Szczotka v Adler, 291 A.D.2d 444 [2002]; McClelland v Seery, 261 A.D.2d...

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