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McCANTS v. FRANCHI

Index Nos. 155252/14, 158126/14. Appeal No. 13243. Case No. 2020-04440.

192 A.D.3d 406 (2021)

139 N.Y.S.3d 544

2021 NY Slip Op 01233

Tameka McCants, Respondent, v. Joseph Franchi, Jr., et al., Appellants. (And Another Action.).

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

Decided March 2, 2021.

Attorney(s) appearing for the Case

Cozen O'Connor, New York ( Eric J. Berger of counsel), for appellants.

Greenberg Law P.C., New York ( Joseph P. DePaola of counsel), for respondent.

Concur— Gische, J.P., Mazzarelli, González, Mendez, JJ.

Plaintiff made a prima facie showing that defendants were negligent as a matter of law, by demonstrating that defendants' bus proceeded into the intersection after stopping at a stop sign, but without yielding the right-of-way to plaintiff's bus, in violation of Vehicle and Traffic Law §§ 1142(a) and 1172(a) (see Pace v Robinson, 88 A.D.3d 530, 531 [1st Dept 2011]; Williams v Hayes, 103 A.D.3d 713...

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