Majority
p. 189Sompoach Umpornpun et al., Respondents, v CFR Leasing Corp. et al., Respondents, and City of New York, Appellant. [621 NYS2d 27]
—Interlocutory judgment, Supreme Court, New York County (Jane Solomon, J.), entered December 20, 1993, after bifurcated jury trial, apportioning liability 15% to plaintiff, 60% to defendant-appellant City of New York and 25% to defendants-respondents, unanimously affirmed, without costs.
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
p. 190
contributing proximate cause of the nighttime accident in which plaintiff was injured (cf., Sherman v City of New York, 206 AD2d 272 ; Cimino v City of New York, 54 AD2d 843 , affd 43 NY2d 966 ). Concur—Ellerin, J. R, Wallach, Asch and Nardelli, JJ.
Cases cited
- Sherman v. City of New York 206 AD2d 272 p. 190
- Cimino v. City of New York 54 AD2d 843 p. 190
- Cimino v. City of New York 43 NY2d 966 p. 190