BARAHONA v. PEREZ

21767/15E. Appeal No. 12019. Case No. 2019-5434.

187 A.D.3d 498 (2020)

130 N.Y.S.3d 311

2020 NY Slip Op 05675

Augusto Barahona, Appellant-Respondent, v. Octavio Perez, Defendant, and Bedi Omid, Respondent.

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

Decided October 13, 2020.


Defendant Omid established prima facie that he was not responsible for the collision in which his vehicle struck the side of defendant Perez's vehicle, in which plaintiff was a passenger, in the middle of an intersection. Vehicle and Traffic Law § 1142 (a) requires a driver approaching a stop sign to "yield the right of way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate...

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