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SMITH v. FUENTES

2017-00744. Index No. 609174/16.

158 A.D.3d 731 (2018)

68 N.Y.S.3d 739

2018 NY Slip Op 01088

CHRISTOPHER J. SMITH, Respondent, v. NELSON Y. FUENTES, Appellant.

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

Decided February 14, 2018.

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 sole proximate cause of the subject accident was the defendant's violation of Vehicle and Traffic Law § 1141 in making a left turn when it was not reasonably safe to do so, directly into the path of the plaintiff's oncoming vehicle (see Mei-Hua Gao v Makrinos,

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