GENDUSA v. YU LIN CHEN

2008-10637.

71 A.D.3d 1085 (2010)

897 N.Y.S.2d 508

SALVATORE GENDUSA, Appellant, et al., Plaintiff, v. YU LIN CHEN, Respondent.

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

Decided March 30, 2010.


Ordered that the judgment is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, the complaint insofar as asserted by the plaintiff Salvatore Gendusa is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

This appeal arises out of an automobile accident that occurred at an intersection in Queens controlled by a traffic light. The appellant's vehicle, which was traveling on Palmetto...

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