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SOIBOV v. PALMER

2012-00156.

102 A.D.3d 951 (2013)

958 N.Y.S.2d 597

2013 NY Slip Op 475

FARRUH SOIBOV, Respondent, v. KENNETH P. PALMER et al., Appellants, et al., Defendant.

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

Decided January 30, 2013.

Ordered that the order is affirmed, with costs.

The instant action arises out of a collision between a bicyclist and a motorist that occurred at around 8:30 p.m. on an April evening. The moving defendants contend that the sole proximate cause of the accident was the plaintiff bicyclist's failure to have a headlight on his bicycle (see Vehicle and Traffic Law § 1236 [a]), and failure to yield the right-of-way...

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