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KELLY v. CITY OF NEW YORK

59 A.D.3d 213 (2009)

873 N.Y.S.2d 51

MARY ELIZABETH KELLY, Also Known as MARY BETH KELLY, Individually and as Executrix of CARL HENRY NACHT, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 10, 2009.

Plaintiff made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that, despite defendant tow-truck driver's unobstructed view, he failed to obey the yield sign and failed to observe either plaintiff or her decedent prior to making a right turn across the bike path and striking the decedent (see Vehicle and Traffic Law § 1142 [b]; § 1172 [b]; Kirchgaessner v Hernandez,

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