In this action to recover damages for injuries sustained in a motor-vehicle accident, the Appellate Division, Second Department, in accordance with the Horn Appellate Group’s arguments on appeal, reversed the lower court’s order awarding summary judgment to the vehicle with the right of way pursuant to Vehicle and Traffic Law sec. 1142(a) and reinstated the plaintiff’s claim, finding that there triable issues of fact as to whether the driver with the right of way was partially at fault in causing the accident.
