Gurevitch v. State

I dissent on the same grounds set forth in my dissenting opinion in Applebee v. State of New York (284 App. Div. 532, 536, 537), and also on the further ground that it was the duty of Smithart to stop at the intersection and grant the right of way to the Grurevitch car which was approaching from his right. The intersection sign gave him ample warning that he was approaching an intersection; he should have *721slowed down and stopped if necessary. As the statute (Vehicle and Traffic Law, § 82, subd. 4) demanded that Smithart stop before entering the intersection to permit the Gurevitcb car to…