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MULLER ST-CYR v. NEW YORK CITY TRANSIT AUTHORITY

Index No. 451113/16E. Appeal No. 13829. Case No. 2020-03545.

194 A.D.3d 524 (2021)

2021 NY Slip Op 03118

Muller St-Cyr, Jr., Appellant, v. New York City Transit Authority et al., Respondents.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Elefterakis, Elefterakis & Panek, New York ( Michael S. Marron of counsel), for appellant.

Barry Montrose, P.C., New York ( Barry Montrose of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

Defendants established prima facie that the collision between their van and plaintiff's vehicle was caused by plaintiff, who improperly pulled his vehicle into a bus stop and up to a red traffic light next to their stationary van, on a roadway that was designated for one lane of moving traffic, and failed to yield the right of way to the van when the light changed (see Martinez v Cofer, 128 A.D.3d 421 [1st Dept 2015]). Plaintiff...

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