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Dalal v. City of New York

692 N.Y.S.2d 468 (1999)

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Dalal v. City of New York

Supreme Court of New York, Appellate Division

692 N.Y.S.2d 468 (1999)

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Facts

After Alicia Ramdhani-Mack (defendant) was in an automobile collision with Krishna Dalal (plaintiff), he sued her in a New York state court. Dalal claimed to have stopped at the stop sign and looked both ways before proceeding into the intersection. Ramdhani-Mack claimed that she attempted to avoid the collision but lacked time. Ramdhani-Mack’s driver’s license required her to wear corrective lenses, which she was not wearing at the time of the accident. She claimed that she was able to see without them. At trial, Dalal sought to raise Ramdhani-Mack’s failure to wear corrective lenses as a violation of N.Y. Veh. & Traf. Law § 509(3). Dalal further sought a jury instruction that Ramdhani-Mack’s violation of § 509(3) constituted negligence per se. The court did not allow either of Dalal’s requests. The jury determined that Dalal was not entitled to recover because his own negligence was the sole cause of his injury. Dalal appealed.

Rule of Law

Issue

Holding and Reasoning

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