Dileo v. Barreca
Decision Date | 07 March 2005 |
Docket Number | 2003-05049. |
Citation | 793 N.Y.S.2d 53,2005 NY Slip Op 01673,16 A.D.3d 366 |
Parties | VELVET DILEO et al., Appellants-Respondents, v. ROSALIE BARRECA et al., Respondents, and ALFA PLUS CORP. et al., Respondents-Appellants. (Action No. 1.) SVETLANA ANUCHINA et al., Appellants, v. ROSALIE BARRECA, Respondent. (Action No. 2.) |
Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the plaintiffs, appearing separately and filing separate briefs, payable by the defendant Rosalie Barreca.
In this case involving a motor vehicle accident at an intersection, the street on which Rosalie Barreca was driving had a stop sign while the street on which Svetlana Anuchina was driving did not. At trial, the testimony established that Barreca failed to properly observe and yield to cross traffic before proceeding into the intersection (see Vehicle and Traffic Law § 1142 [a]; § 1172 [a]). The record clearly established that Barreca was not acting pursuant to any direction of a school crossing guard when she entered the intersection. Anuchina, who had the right-of-way, was entitled to assume that Barreca would obey the traffic laws requiring her to yield (see Lagana v Fox, 6 AD3d 583 [2004]). The evidence further showed that Barreca...
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