Opinion
13920
Decided May 8, 2003.
Appeal from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered February 7, 2003, which, with two Justices dissenting, (1) reversed, on the law, an order of the Supreme Court (Michael E. Daley, J.), entered in Herkimer County, denying defendant's motion for summary judgment dismissing the complaint, (2) granted the motion, and (3) dismissed the complaint.
Green v. Mower, 302 A.D.2d 1005, affirmed.
Submitted by George A. Kohl, 2nd, for appellant.
Submitted by John H. Beaumont, for respondents.
Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read concur.
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs. The Appellate Division correctly determined that, as a matter of law, decedent's failure to yield the right of way was the sole proximate cause of the accident. Thus, the court properly granted defendants summary judgment dismissing the complaint (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562).
On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, in a memorandum.