December 2, 2013

"Walk" and "Don't walk."

Practice point:  Pursuant to Vehicle and Traffic Law § 1112, a pedestrian who proceeds across a roadway in the direction of a steady "walk" signal must be given the right of way by traffic.

Student note: A pedestrian who proceeds into a roadway with a "walk" signal, but only partially completes the crossing on the "walk" signal, may proceed to a sidewalk on the flashing or steady "don't walk" signal, pursuant to Vehicle and Traffic Law § 1112[b], [c].

Case:  DiDonna v. Houck, NY Slip Op 97446 (2d Dept. 2013).

Here is the decision.

Tomorrow's issue: CPLR 3211(a)(7).