TIEFENTHALER v. ISLAM

1300, 100543/07.

66 A.D.3d 588 (2009)

888 N.Y.S.2d 17

2009 NY Slip Op 7687

TRACY TIEFENTHALER, Appellant, v. MOHAMMED ISLAM et al., Respondents.

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

Decided October 27, 2009.


Defendant driver's testimony was uncontroverted that he proceeded into the intersection when the traffic light turned green and a few seconds later his taxi was struck on the left side by a vehicle that had entered the intersection against a red light and that he did not see until the moment of the collision. Plaintiff maintains that, contrary to the motion court's finding, she did not concede that the taxi's light was green. However,

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