VISCECCHIA v. ROCHA


29 A.D.3d 680 (2006)

813 N.Y.S.2d 675

RICHARD VISCECCHIA, Appellant, v. LAURA MARTINELLI ROCHA et al., Respondents.

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

May 9, 2006.


Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff established a prima facie case of entitlement to judgment as a matter of law. He demonstrated that the defendant driver violated Vehicle and Traffic Law § 1141 when she failed to yield the right of way to the plaintiff's vehicle. Despite seeing the plaintiff "[l]ike a three car's wide distance" away, she turned left into the plaintiff's lane of oncoming traffic...

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