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BORGES v. ZUKOWSKI
Appellate Division of the Supreme Court of New York, Second Department.
Oct 3, 2005
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Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
In support of their motion for summary judgment dismissing the complaint, the defendants presented a prima facie case that the sole proximate cause of the accident was the negligence of the plaintiff Isaac Borges in proceeding through an intersection against a red traffic light without stopping ( see Iqbal v. Petrov, 9 AD3d 416; Lestingi v. Holland, 297 AD2d 627; see also Vehicle and Traffic Law ยง 1111 [d]). In opposition, the plaintiffs failed to raise a triable issue of fact ( see Iqbal v. Petrov, supra; Lestingi v. Holland, supra).
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