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CLARKE v. CONDON, JR.

52 A.D.3d 764 (2008)

862 N.Y.S.2d 65

JOSEPH CLARKE et al., Appellants, v. THOMAS CONDON, JR., et al., Respondents.

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

Decided June 24, 2008.

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

The plaintiffs established their prima facie entitlement to summary judgment by submitting evidence showing that a vehicle driven by the defendant Joseph Condon and owned by the defendant Thomas Condon, Jr., crossed a double yellow line in violation of Vehicle and Traffic Law § 1126 (a) and struck an oncoming vehicle driven by the plaintiff Joseph...

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