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ACOSTA v. BLATT PLUMBING INC.

55 A.D.3d 466 (2008)

865 N.Y.S.2d 592

CARMEN D. ACOSTA, Respondent, v. BLATT PLUMBING INC. et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 28, 2008.

It cannot be said, as a matter of law, that plaintiff's conduct was the sole proximate cause of the accident. The evidence shows that both plaintiff and defendant driver had stop signs before them, and each claims to be the first to enter the intersection where the collision occurred. Accordingly, there are triable issues of fact as to the events surrounding the accident, including which driver had the right of way (see e.g....

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