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Umpornpun v. CFR Leasing Corp.

210 A.D.2d 189 Court N.Y. App. Div. Decision date 1994-12-29 English

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p. 189
Sompoach 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.

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