Umpornpun v. CFR Leasing Corp.

Full title: SOMPOACH UMPORNPUN et al., Respondents, v. CFR LEASING CORP. et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 29, 1994

210 A.D.2d 189 (N.Y. App. Div. 1994)

621 N.Y.S.2d 27

Opinion

December 29, 1994

Appeal from the Supreme Court, New York County (Jane Solomon, J.).

The record supports the jury finding that the City's failure to repair a traffic signal normally in operation at the intersection in question caused a dangerous situation because of potential confusion as to which of two vehicles entering this busy intersection would have the right of way, and was a contributing proximate cause of the nighttime accident in which plaintiff was injured (cf., Sherman v City of New York, 206 A.D.2d 272; Cimino v City of New York, 54 A.D.2d 843, affd 43 N.Y.2d 966).

Concur — Ellerin, J.P., Wallach, Asch and Nardelli, JJ.