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WILSON v. TROLIO

30 A.D.3d 255 (2006)

816 N.Y.S.2d 355

ROBIN Y. WILSON, Appellant, v. FRANK TROLIO, JR., et al., Respondents.

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

June 15, 2006.

It cannot be said as a matter of law that defendant driver's conduct was the sole proximate cause of the accident simply because his approach into the intersection was regulated by a stop sign whereas no traffic control devices regulated plaintiff's approach (Hernandez v Bestway Beer & Soda Distrib., 301 A.D.2d 381 [2003]). Upon review of the record, including the unsigned deposition transcripts that plaintiff submitted in support...

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