BOODLALL v. HERRERA

2010-10647.

90 A.D.3d 590 (2011)

933 N.Y.S.2d 886

2011 NY Slip Op 8892

TAMESGWAR BOODLALL, Appellant, v. DIANA HERRERA et al., Respondents.

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

Decided December 6, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was for summary judgment dismissing the complaint on the ground that they were not at fault in the happening of the accident is denied.

A driver who has the right-of-way is entitled to anticipate that the other driver will obey traffic laws requiring them to yield to the driver with the right-of-way (see Vehicle and Traffic Law...

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