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DURAN v. SIMON

2010-10434.

83 A.D.3d 654 (2011)

919 N.Y.S.2d 895

JULIO DURAN, Plaintiff, v. WILLIAM H. SIMON, Appellant, and DONALDO RIVERA et al., Respondents.

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

Decided April 5, 2011.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant William H. Simon for summary judgment dismissing the complaint and all cross claims insofar as asserted against him is granted.

"A driver who fails to yield the right of way after stopping at a stop sign controlling traffic is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law" (Laino v...

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