stop sign violation in New York

2025BMW Acura Motor Corp. , 172 AD3d 1130 , 1131). "'As a general matter, a driver who fails to yield the right-of-way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142(a) and is negligent as a matter of law'" ( Brewster v Riseboro Community Partnership, Inc. , 234 AD3d 810 , 811, quoting Shvydkaya v Park Ave.

2024BMW Acura Motor Corp. , 172 AD3d 1130 , 1131). "'As a general matter, a driver who fails to yield the right-of-way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142(a) and is negligent as a matter of law'" ( id ., quoting Shvydkaya v Park Ave.

2013“A driver who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law” (Thompson v Schmitt, 74 AD3d 789, 789 [2010]; see Francavilla v Doyno, 96 AD3d 714, 715 [2012]; Singh v Singh, 81 AD3d 807 [2011]; Czarnecki v Corso, 81 AD3d 774, 775 [2011]; Martin v Ali, 78 AD3d 1135 [2010]; Rahaman v Abodeledhman, 64 AD3d 552, 553 [2009]; Klein v Crespo, 50 AD3d 745, 745 [2008]).

2013“A driver who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law” (Thompson v Schmitt, 74 AD3d 789, 789 [2010]; see Francavilla v Doyno, 96 AD3d 714, 715 [2012]; Singh v Singh, 81 AD3d 807 [2011]; Czarnecki v Corso, 81 AD3d 774, 775 [2011]; Martin v Ali, 78 AD3d 1135 [2010]; Rahaman v Abodeledhman, 64 AD3d 552, 553 [2009]; Klein v Crespo, 50 AD3d 745, 745 [2008]).

2019As a general matter, a driver who fails to yield the right-of-way after stopping at a stop sign in violation of Vehicle and Traffic Law § 1142(a) is negligent as a matter of law ( see Breen v Seibert , 123 AD3d 963, 964 ; Derosario v Gill , 118 AD3d 739, 739 ; Maliza v Puerto-Rican Transp.

2019As a general matter, a driver who fails to yield the right-of-way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142(a) and is negligent as a matter of law ( see Breen v Seibert , 123 AD3d 963, 964 ; Derosario v Gill , 118 AD3d 739, 739 ; Maliza v Puerto-Rican Transp.

2015A driver who fails to yield the right-of-way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law (see Melendez v County of Nassau, 56 AD3d 736 , 737-738 [2008]; Exime v Williams, 45 AD3d 633 [2007]; Gergis v Miccio, 39 AD3d 468 [2007]).

2010In opposition, the defendant driver submitted an affidavit in which she averred that she stopped at the stop sign, looked both ways, saw no traffic on George Street, and saw the plaintiffs vehicle for the first time when she was in the middle of the intersection and the plaintiffs vehicle was about one car length away traveling “at a fast rate of speed . „ . about 25-30 MPH.” A driver who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law (see Klein v Crespo, 50 AD3d 745, 745 [2008]; Gergis v M

2013“A driver who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law” (Thompson v Schmitt, 74 AD3d 789, 789 [2010]; see Francavilla v Doyno, 96 AD3d 714, 715 [2012]; Singh v Singh, 81 AD3d 807 [2011]; Czarnecki v Corso, 81 AD3d 774, 775 [2011]; Martin v Ali, 78 AD3d 1135 [2010]; Rahaman v Abodeledhman, 64 AD3d 552, 553 [2009]; Klein v Crespo, 50 AD3d 745, 745 [2008]).

2013“A driver who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law” (Thompson v Schmitt, 74 AD3d 789, 789 [2010]; see Francavilla v Doyno, 96 AD3d 714, 715 [2012]; Singh v Singh, 81 AD3d 807 [2011]; Czarnecki v Corso, 81 AD3d 774, 775 [2011]; Martin v Ali, 78 AD3d 1135 [2010]; Rahaman v Abodeledhman, 64 AD3d 552, 553 [2009]; Klein v Crespo, 50 AD3d 745, 745 [2008]).

2013“A driver who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law” (Thompson v Schmitt, 74 AD3d 789, 789 [2010]; see Francavilla v Doyno, 96 AD3d 714, 715 [2012]; Singh v Singh, 81 AD3d 807 [2011]; Czarnecki v Corso, 81 AD3d 774, 775 [2011]; Martin v Ali, 78 AD3d 1135 [2010]; Rahaman v Abodeledhman, 64 AD3d 552, 553 [2009]; Klein v Crespo, 50 AD3d 745, 745 [2008]).

2013“A driver who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law” (Thompson v Schmitt, 74 AD3d 789, 789 [2010]; see Francavilla v Doyno, 96 AD3d 714, 715 [2012]; Singh v Singh, 81 AD3d 807 [2011]; Czarnecki v Corso, 81 AD3d 774, 775 [2011]; Martin v Ali, 78 AD3d 1135 [2010]; Rahaman v Abodeledhman, 64 AD3d 552, 553 [2009]; Klein v Crespo, 50 AD3d 745, 745 [2008]).

2025BMW Acura Motor Corp. , 172 AD3d 1130, 1131; see Jones v Haifeng Zuo , 220 AD3d 933, 934). "'While the driver with the right-of-way is entitled to assume that other drivers will obey the traffic laws requiring them to yield, the driver with the right-of-way also has an obligation to keep [a] proper lookout and see what can be seen through the reasonable use of his or her senses to avoid colliding with other vehicles'" ( Richardson v Cablevision Sys.

2025BMW Acura Motor Corp. , 172 AD3d 1130 , 1131; see Jones v Haifeng Zuo , 220 AD3d 933, 934 ). "'While the driver with the right-of-way is entitled to assume that other drivers will obey the traffic laws requiring them to yield, the driver with the right-of-way also has an obligation to keep [a] proper lookout and see what can be seen through the reasonable use of his or her senses to avoid colliding with other vehicles'" ( Richardson v Cablevision Sys.

2024He also observed the vehicle to have excessive tints in violation of VTL § 375(12—a)(b)( see, e.g., People v. Nektalov , — NE3d—-, 2024 WL 2192784 [May 16, 2024]; see People v. Biggs , 208 AD3d 1340 [2d Dept. 2022]), which the defense argues the officer could not have possibly assessed from his position in his car (July 31, Tr. at 6).

2024He also observed the vehicle to have excessive tints in violation of VTL § 375(12—a)(b)( see, e.g., People v. Nektalov , — NE3d —, 2024 WL 2192784 [May 16, 2024]; see People v. Biggs , 208 AD3d 1340 [2d Dept. 2022]), which the defense argues the officer could not have possibly assessed from his position in his car (July 31, Tr. at 6).

2013“A driver who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law” (Thompson v Schmitt, 74 AD3d 789, 789 [2010]; see Francavilla v Doyno, 96 AD3d 714, 715 [2012]; Singh v Singh, 81 AD3d 807 [2011]; Czarnecki v Corso, 81 AD3d 774, 775 [2011]; Martin v Ali, 78 AD3d 1135 [2010]; Rahaman v Abodeledhman, 64 AD3d 552, 553 [2009]; Klein v Crespo, 50 AD3d 745, 745 [2008]).

2013“A driver who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law” (Thompson v Schmitt, 74 AD3d 789, 789 [2010]; see Francavilla v Doyno, 96 AD3d 714, 715 [2012]; Singh v Singh, 81 AD3d 807 [2011]; Czarnecki v Corso, 81 AD3d 774, 775 [2011]; Martin v Ali, 78 AD3d 1135 [2010]; Rahaman v Abodeledhman, 64 AD3d 552, 553 [2009]; Klein v Crespo, 50 AD3d 745, 745 [2008]).

2013“A driver is required to see that which through proper use of his or her senses he or she should have seen” (Klein v Crespo, 50 AD3d at 745-746 ; see Gallagher v McCurty, 85 AD3d 1109 [2011]; Yelder v Walters, 64 AD3d 762 [2009]; Gergis v Micco, 39 AD3d 468, 468 [2007]).

2013“A driver is required to see that which through proper use of his or her senses he or she should have seen” (Klein v Crespo, 50 AD3d at 745-746 ; see Gallagher v McCurty, 85 AD3d 1109 [2011]; Yelder v Walters, 64 AD3d 762 [2009]; Gergis v Micco, 39 AD3d 468, 468 [2007]).

2013“A driver who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law” (Thompson v Schmitt, 74 AD3d 789, 789 [2010]; see Francavilla v Doyno, 96 AD3d 714, 715 [2012]; Singh v Singh, 81 AD3d 807 [2011]; Czarnecki v Corso, 81 AD3d 774, 775 [2011]; Martin v Ali, 78 AD3d 1135 [2010]; Rahaman v Abodeledhman, 64 AD3d 552, 553 [2009]; Klein v Crespo, 50 AD3d 745, 745 [2008]).

2013“A driver who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law” (Thompson v Schmitt, 74 AD3d 789, 789 [2010]; see Francavilla v Doyno, 96 AD3d 714, 715 [2012]; Singh v Singh, 81 AD3d 807 [2011]; Czarnecki v Corso, 81 AD3d 774, 775 [2011]; Martin v Ali, 78 AD3d 1135 [2010]; Rahaman v Abodeledhman, 64 AD3d 552, 553 [2009]; Klein v Crespo, 50 AD3d 745, 745 [2008]).

2026"Even though the driver with the right-of-way is entitled to assume that other drivers will obey the traffic laws requiring them to yield, he or she still has a duty to exercise reasonable care to avoid a collision with another vehicle already in the intersection" ( Ventura v Sturino , 230 AD3d 1378 , 1378 [internal quotation marks omitted]; see Tornabene v Seickel , 186 AD3d 645, 646 ).

2026"As a general matter, a driver who fails to yield the right-of-way after stopping at a stop sign is in violation of Vehicle and Traffic Law § [*2]1142(a) and is negligent as a matter of law" ( Park v Giunta , 217 AD3d 661, 662 [internal quotation marks omitted]).

2019Auth. , 166 AD3d 735 , 736; see Fuertes v City of New York , 146 AD3d 936, 937 ; Zuleta v Quijada , 94 AD3d 876, 877 ; Thompson v Schmitt , 74 AD3d 789, 789 ; Rahaman v Abodeledhman , 64 AD3d 552, 553 ). "[A] driver who has the right-of-way is entitled to anticipate that other drivers will obey traffic laws that require them to yield" ( Hunt v New York City Tr.