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PAPPALARDI v. JONES

29 A.D.3d 391 (2006)

813 N.Y.S.2d 904

ALFRED PAPPALARDI, Appellant, v. WALTER JONES et al., Respondents. (And Another Action.)

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

May 16, 2006.

It cannot be said that defendant driver's conduct was the sole proximate cause of the accident, as a matter of law, merely because his approach into the intersection was regulated by a stop sign whereas there were no traffic control devices regulating plaintiff's approach (Hernandez v Bestway Beer & Soda Distrib., 301 A.D.2d 381 [2003]). The conflicting deposition testimony raises issues of fact, including whether defendant stopped...

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