Green v. Mower

Green, J.P., and Gorski, J.

(dissenting). We respectfully dissent. In our view, plaintiff raised a triable issue of fact whether the failure of plaintiffs decedent to yield the right of way was the sole proximate cause of his injuries. It is undisputed that David Mower (defendant) failed to activate his left turn signal in violation of Vehicle and Traffic Law § 1163, and in our view that turn signal may have alerted plaintiffs decedent so he could have avoided the accident (see Hamby v Bonventre, 36 AD2d 648). In addition, although defendant alleges that he did not see plaintiffs decedent…