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POLLACK v. MARGOLIN

2011-00401.

84 A.D.3d 1341 (2011)

924 N.Y.S.2d 282

DAVID POLLACK, Respondent, v. LANCE MARGOLIN et al., Appellants.

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

Decided May 31, 2011.

Ordered that the order is affirmed, with costs.

The defendant driver correctly contends that, on the record presented, the plaintiff was negligent as a matter of law for failing to properly signal before changing lanes (see Vehicle and Traffic Law § 1163 [b]; Vainer v DiSalvo, 79 A.D.3d 1023, 1024 [2010]). However, the defendant driver failed to establish, prima facie...

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