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SHAPIRO v. MUNOZ

28 A.D.3d 638 (2006)

813 N.Y.S.2d 755

KENNETH SHAPIRO, Also Known as KENNY SHAPIRO, Appellant, v. RAUL VIVAS MUNOZ, Respondent, et al., Defendants.

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

April 18, 2006.

Ordered that the order is affirmed, with costs.

The defendant Raul Vivas Munoz demonstrated his prima facie entitlement to judgment as a matter of law by establishing that the plaintiff, while riding a bicycle, violated Vehicle and Traffic Law § 1111 (d) (1) by making a left turn against a red traffic light into the path of a vehicle operated by Munoz, which was legally proceeding through a green traffic light (see Moreback v. Mesquita,

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