Redcross v. State of New York

In Redcross v. State of New York, 241 AD2d 787 [3d Dept 1997], lv denied 91 NY2d 801 [1997] the intersection was controlled by a red light; thus the duty to yield was controlled by section 1111 (a) (1) rather than section 1142 (a). The Court, citing to section 1231, concluded that bicyclists are the equivalent of vehicles for the purposes of the rules of the road and that "a vehicle approaching an intersection must yield the right-of-way to a vehicle (here a bicycle) already in the intersection." (Redcross v. State, supra, at 790-791.) While there were both pedestrian and vehicle signals controlling the bicyclists, the Court held that the bicyclists in question were subject to the traffic control devices at the intersection governing vehicles and specifically held that the bicyclists were not pedestrians subject to "the pedestrian control device in question." (Redcross v. State, supra, at 791.)