Umpornpun v. CFR Leasing Corp.

210 A.D.2d 189, 621 N.Y.S.2d 27

Opinion

—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 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.