RIVERA v. BERRIOS TRANS SERVICE INC.


64 A.D.3d 416 (2009)

882 N.Y.S.2d 114

WILLIAM RIVERA et al., Appellants, v. BERRIOS TRANS SERVICE INC. et al., Respondents.

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

Decided July 2, 2009.


It cannot be said as a matter of law that plaintiff driver's conduct was the sole proximate cause of the subject car accident. Although a stop sign regulated the approach of plaintiff driver into the intersection and no traffic control devices regulated defendant driver's approach, the record presents triable issues of fact, including, inter alia, whether plaintiff stopped for the stop sign and which vehicle was in the intersection first (see Nevarez v S.R.M. Mgt. Corp...

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