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HEATH v. LIBERATO

2010-08556.

82 A.D.3d 841 (2011)

918 N.Y.S.2d 353

VERNON S. HEATH, Respondent, v. JUAN R. LIBERATO, Appellant.

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

Decided March 8, 2011.

Ordered that the order is affirmed, with costs.

The plaintiff made a prima facie showing of entitlement to judgment as a matter of law on the issue of liability by demonstrating that the defendant driver violated Vehicle and Traffic Law § 1141 when he made a left turn directly into the path of the plaintiff's vehicle and thereby failed to yield the right of way to the plaintiff (see Berner v Koegel, 31 A.D.3d 591

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