Pollack v. Margolin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Pitts, J.), dated November 15, 2010, which denied their motion for summary judgment dismissing the complaint.
*1342Ordered that the order is affirmed, with costs.
The defendant driver correctly contends that, on the record presented, the plaintiff was negligent as a matter of law for failing to properly signal before changing lanes (see Vehicle and Traffic Law § 1163 [b]; Vainer v DiSalvo, 79 AD3d 1023, 1024 [2010]). However, the defendant driver failed to establish, prima…
2Cases cited9 opinions
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- Yelder v. WaltersAppellate Division of the Supreme Court of the State of New York · 2009
- Vainer v. DiSalvoAppellate Division of the Supreme Court of the State of New York · 2010
- Lopez v. Reyes-FloresAppellate Division of the Supreme Court of the State of New York · 2008
- Kolivas v. KirchoffAppellate Division of the Supreme Court of the State of New York · 2005
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