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ALTHOUGH PLAINTIFF HAD THE RIGHT OF WAY AND ALLEGED DEFENDANT FAILED TO STOP AT A STOP SIGN, SUMMARY JUDGMENT WAS PROPERLY DENIED, PLAINTIFF DID NOT DEMONSTRATE FREEDOM FROM COMPARATIVE NEGLIGENCE.

The Second Department determined plaintiff’s motion for summary judgment in this vehicle-collision case was properly denied. Plaintiff had the right of way and alleged defendant did not stop at a stop sign. However, plaintiff did not demonstrate she was free from comparative fault:

… [T]he only evidence in admissible form submitted by the plaintiff in support of her motion was her own affidavit, in which she briefly alleged that the defendant driver had failed to stop at the stop sign governing traffic on Batchelder Street and yield to traffic on Avenue U. The plaintiff’s affidavit did not set forth other relevant circumstances, including the rate of speed at which she was traveling, where her vehicle was positioned when she allegedly observed the defendant driver fail to stop at the stop sign, and where her vehicle was positioned when the collision occurred. Accordingly, the plaintiff’s affidavit was insufficient to establish, prima facie, that the defendant driver’s alleged negligence was the sole proximate cause of the accident, and that she was free from comparative fault … . Kanfer v Wong, 2016 NY Slip Op 08851, 2nd Dept 12-28-16

NEGLIGENCE (ALTHOUGH PLAINTIFF HAD THE RIGHT OF WAY AND ALLEGED DEFENDANT FAILED TO STOP AT A STOP SIGN, SUMMARY JUDGMENT WAS PROPERLY DENIED, PLAINTIFF DID NOT DEMONSTRATE FREEDOM FROM COMPARATIVE NEGLIGENCE)/COMPARATIVE NEGLIGENCE (VEHICLE COLLISION, ALTHOUGH PLAINTIFF HAD THE RIGHT OF WAY AND ALLEGED DEFENDANT FAILED TO STOP AT A STOP SIGN, SUMMARY JUDGMENT WAS PROPERLY DENIED, PLAINTIFF DID NOT DEMONSTRATE FREEDOM FROM COMPARATIVE NEGLIGENCE)/ACCIDENTS, VEHICLE (ALTHOUGH PLAINTIFF HAD THE RIGHT OF WAY AND ALLEGED DEFENDANT FAILED TO STOP AT A STOP SIGN, SUMMARY JUDGMENT WAS PROPERLY DENIED, PLAINTIFF DID NOT DEMONSTRATE FREEDOM FROM COMPARATIVE NEGLIGENCE)/SUMMARY JUDGMENT (VEHICLE ACCIDENTS, ALTHOUGH PLAINTIFF HAD THE RIGHT OF WAY AND ALLEGED DEFENDANT FAILED TO STOP AT A STOP SIGN, SUMMARY JUDGMENT WAS PROPERLY DENIED, PLAINTIFF DID NOT DEMONSTRATE FREEDOM FROM COMPARATIVE NEGLIGENCE)

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