BASABE v. CARROZZA

10229, 306873/10.

106 A.D.3d 641 (2013)

966 N.Y.S.2d 71

2013 NY Slip Op 3795

MARIA BASABE, Respondent, v. JOSEPH CARROZZA, Respondent, and SOBEIDA SANTANA et al., Appellants.

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

Decided May 28, 2013.


While there is evidence that defendant Carrozza violated Vehicle and Traffic Law § 1141 by turning left into the intersection without yielding the right-of-way to defendant Santana, whose vehicle was approaching from the opposite direction, there are triable issues of fact whether Santana, in whose vehicle plaintiff was a passenger, also violated the Vehicle and Traffic Law by failing to avoid the accident and speeding (see Vehicle and Traffic Law § 1180...

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