Many automobile cases involve a violation of the New York State Vehicle and Traffic Law. A violation of a statute constitutes negligence per se. Martin v. Herzog, 228 N.Y. 164 (1920). If proximate cause is established, a party may be entitled to summary judgment or a directed verdict on the issue of negligence. PJI 2:26.
Drivers in the City of New York are subject to further regulation. Title 34 of the Rules of the City of New York is a set of traffic regulations promulgated by the New York City Department of Transportation, which apply in the City. Violations of these regulations are “some evidence of negligence.” Ferrer v. Harris, 55 N.Y.2d 285, 293 (1982) (emphasis supplied). Some of the City’s traffic rules are also contained within the Administrative Code of the City of New York. The “some evidence of negligence” standard applies to violations of any administrative regulations. Long v. Forest-Fehlhaber, 55 N.Y.2d 154, 159 (1982).
Alternative Vehicles
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