DAVIS v. CITY OF NEW YORK

2372 22690/01

71 A.D.3d 508 (2010)

895 N.Y.S.2d 819

JOHN DAVIS, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

Decided March 16, 2010.


Any error in charging Vehicle and Traffic Law § 1151 when the undisputed evidence was that the accident occurred at a crosswalk with a pedestrian control signal (see Rudolf v Kahn, 4 A.D.3d 408, 409 [2004]) was not prejudicial in view of the lack of any evidence that the then-12½-year-old plaintiff had relied on the presence of a crossing guard on the day of his accident (cf. Florence v Goldberg, 

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