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Jordan v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Nov 30, 2004
12 A.D.3d 326 (N.Y. App. Div. 2004)

Opinion

4523

November 30, 2004.

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered October 15, 2003, denying defendant Espinoza's motion for summary judgment dismissing the complaint as against him, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant Espinoza dismissing the complaint as against him.

Before: Mazzarelli, J.P., Williams, Friedman, Gonzalez and Catterson, JJ.


This action arises from a collision between plaintiff's automobile and that of defendant Espinoza at the intersection of Seymour and Givan Avenues in the Bronx. The evidence submitted on Espinoza's motion for summary judgment established, as a matter of law, that, as between plaintiff and Espinoza, the cause of the accident was the negligence of plaintiff, who failed to obey the stop sign on Seymour Avenue at the intersection in question. Espinoza, driving on Givan Avenue, where there was no stop sign, had the right of way, and was therefore entitled to anticipate that other drivers would obey the traffic laws requiring them to yield ( see Jenkins v. Alexander, 9 AD3d 286; Murchison v. Incognoli, 5 AD3d 271; Perez v. Brux Cab Corp., 251 AD2d 157, 159-160; Namisnak v. Martin, 244 AD2d 258, 260).


Summaries of

Jordan v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Nov 30, 2004
12 A.D.3d 326 (N.Y. App. Div. 2004)
Case details for

Jordan v. City of New York

Case Details

Full title:MICHAEL JORDAN, Respondent, v. CITY OF NEW YORK, Defendant, and CHAPMAN…

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

Date published: Nov 30, 2004

Citations

12 A.D.3d 326 (N.Y. App. Div. 2004)
784 N.Y.S.2d 861

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