RIVERA v. HAYWOOD

21829/18E. Appeal No. 12709. Case No. 2020-02066.

189 A.D.3d 649 (2020)

134 N.Y.S.3d 702

2020 NY Slip Op 07727

Nancy Rivera, Appellant, v. Yolanda G. Haywood, Respondent.

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

Decided December 22, 2020.


Attorney(s) appearing for the Case

Sacco & Fillas, LLP, Astoria ( Boris Bernstein of counsel), for appellant.

James G. Bilello & Associates, Hicksville ( Susan J. Mitola of counsel), for respondent.

Concur—Acosta, P.J., Oing, Scarpulla, Mendez, JJ.


Defendant established prima facie that the collision between her vehicle and plaintiff's vehicle was caused by plaintiff's failure to yield the right of way to defendant's vehicle at the stop sign at the intersection (see Vehicle and Traffic Law § 1142[a]; Namisnak v Martin, 244 A.D.2d 258, 260 [1st Dept 1997]).

In opposition, plaintiff failed to raise an issue of fact...

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