PAPPALARDI v. JONES

It cannot be said that defendant driver's conduct was the sole proximate cause of the accident, as a matter of law, merely because his approach into the intersection was regulated by a stop sign whereas there were no traffic control devices regulating plaintiff's approach ( Hernandez v. Bestway Beer Soda Distrib., 301 AD2d 381). The conflicting deposition testimony raises issues of fact, including whether defendant stopped for a stop sign, whether defendant driver's vehicle was already in the intersection when plaintiff approached and whether plaintiff's view of defendant's vehicle was obstructed.