Opinion
Submitted November 1, 2000.
November 28, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), dated September 29, 1999, which granted the motion of the defendant City of Yonkers for summary judgment dismissing the complaint insofar as asserted against it.
Godosky Gentile, P.C., New York, N.Y. (Richard Godosky, Robert E. Godosky, and Brian J. Isaac of counsel), for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Even if the left-turn traffic signal at the intersection at issue was not operational at the time of the accident, the status of the signal was not a proximate cause of the accident (see, Rubinfeld v. City of New York, 263 A.D.2d 448). Therefore, the Supreme Court properly granted the respondent's motion for summary judgment dismissing the complaint insofar as asserted against it.