CALCANO v. RODRIGUEZ

4712, 303454/09

91 A.D.3d 468 (2012)

936 N.Y.S.2d 185

2012 NY Slip Op 110

JACINTO C. CALCANO, Respondent, v. JUAN I. RODRIGUEZ, Appellant.

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

Decided January 12, 2012.


There is no disagreement among the members of this panel as to what the record before us shows. Uncontroverted evidence establishes that defendant made an illegal U-turn in the subject incident. However, triable issues of fact remain as to whether the motor vehicle accident resulted in part from any failure of plaintiff to exercise due care (by driving at an excessive speed or by failing to observe defendant's vehicle) and, if so, in what proportion. On these facts, plaintiff...

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