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MYRIAN GONZALEZ, APPELLANT, v. CITY OF YONKERS, RESPONDENT, ET AL., DEFENDANTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

Even if the left-turn traffic signal at the intersection at issue was not operational at the time of the accident, the status of the signal was not a proximate cause of the accident (see, Rubinfeld v. City of New York, 263 A.D.2d 448). Therefore, the Supreme Court properly granted the respondent's motion for summary judgment dismissing the complaint insofar as asserted against it.

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GONZALEZ v. CITY OF YONKERS
(Nov 28, 2000)