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LUCIANO-MAHONEY v. ROSSMAN

Index No. 151133/18. Appeal No. 13207. Case No. 2020-03224.

191 A.D.3d 604 (2021)

139 N.Y.S.3d 536

2021 NY Slip Op 01202

Beth Luciano-Mahoney, Appellant, v. Larry Rossman et al., Respondents.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Restivo & Murphy LLP, Garden City ( Todd Restivo of counsel), for appellant.

Cozen O'Connor, New York ( Matthew Zryb of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Singh, Mendez, JJ.

The accident giving rise to plaintiff's claim involved an intersection collision between plaintiff's vehicle, which was traveling on a street that was not regulated by a traffic control device, and defendants' vehicle, whose approach into the intersection was regulated by a stop sign. The court properly denied plaintiff's motion because the record presents triable issues of fact as to whether defendant Rossman stopped at the stop...

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