CUEVAS v. CHAVEZ

2011-05475.

94 A.D.3d 803 (2012)

941 N.Y.S.2d 889

2012 NY Slip Op 2625

JOHN J. CUEVAS, Respondent, v. SHARON CHAVEZ, Appellant.

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

Decided April 10, 2012.


Ordered that the order is affirmed, with costs.

The plaintiff established his prima facie entitlement to judgment as a matter of law on the issue of liability by demonstrating that the defendant driver, in violation of Vehicle and Traffic Law § 1112 (a), failed to yield the right-of-way to him, as he was crossing the street within the crosswalk with the pedestrian "WALK" signal in his favor, and that he was free from comparative fault (see Arazashvilli v Executive...

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