DINHAM v. WAGNER


48 A.D.3d 349 (2008)

851 N.Y.S.2d 535

GWENDOLYN C. DINHAM, Appellant, v. EDWARD D. WAGNER et al., Defendants, and NANCY KIM et al., Respondents.

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

Decided February 26, 2008.


Plaintiff, a passenger in a vehicle owned by defendant Wagner and driven by defendant Dinham, seeks damages for injuries sustained in an accident in which that vehicle collided at an intersection with a vehicle driven by defendant Choung-Mi Kim. It is undisputed that Kim had the traffic light in her favor at the intersection. It is well settled that "an operator who has the right of way is entitled to anticipate that other vehicles will

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