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LAAP v. FRANCIS

2007-08852

2008 NY Slip Op 07217

MARYLOU LAAP, ET AL., plaintiffs, v. YOON HO KIM FRANCIS, ET AL., respondents, WELSBACH ELECTRIC CORP., appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 30, 2008.

Attorney(s) appearing for the Case

London Fischer LLP, New York, N.Y. (Daniel Zemann, Jr., and Michael J. Carro of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Victoria Scalzo of counsel), for respondent City of New York.

Decolator, Cohen & DiPrisco, LLP, Garden City, N.Y. (John V. Decolator of counsel), for plaintiffs.

Before: Steven W. Fisher, J.P., Mark C. Dillon, William E. McCarthy, Ariel E. Belen, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable by the appellant to the respondent City of New York.

On June 21, 2004, the vehicles operated by the plaintiff Marylou Laap and the defendant Yoon Ho Kim Francis collided at the intersection of Utopia Parkway and 64th Avenue in Queens. It is undisputed that the red light of the traffic signal controlling northbound traffic had malfunctioned. The...

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