AGATI v. WANDEL


49 A.D.3d 572 (2008)

854 N.Y.S.2d 445

GREGORY J. AGATI, Respondent, v. FREDRIKA WANDEL, Appellant. (Action No. 1.) FREDRIKA WANDEL, Plaintiff, v. GREGORY J. AGATI, Defendant. (Action No. 2.)

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

Decided March 11, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff in action No. 1 made a prima facie showing of entitlement to judgment as a matter of law by presenting evidence which demonstrated that the sole proximate cause of the accident in question was the failure of the defendant in that action to yield the right-of-way as required by Vehicle and Traffic Law § 1141 (see e.g. Spivak v Erickson, 40 A.D.3d 962...

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