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STANFORD v. DUSHEY

2009-07133.

71 A.D.3d 988 (2010)

900 N.Y.S.2d 64

ANTHONY P. STANFORD, Respondent, v. LINDA A. DUSHEY et al., Appellants.

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

Decided March 23, 2010.

Ordered that the order is affirmed, with costs.

The plaintiff established his prima facie entitlement to judgment as a matter of law on the issue of liability by submitting evidence that the defendant driver failed to yield the right-of-way as the plaintiff proceeded lawfully through the intersection (see Vehicle and Traffic Law § 1142 [a]; Khan v Nelson, 68 A.D.3d 1062

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