Opinion
Argued March 13, 2000.
May 3, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated June 28, 1999, which granted the defendant`s motion for summary judgment dismissing the complaint.
Harold Chetrick, P.C., New York, N.Y., for appellant.
Frank V. Merlino (Sweetbaum Sweetbaum, Lake Success, N Y [Marshall D. Sweetbaum] of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff claims that her vehicle collided with the defendant's vehicle as she was beginning to make a left turn after she had stopped at a stop sign, looked both ways, and proceeded into the intersection of the two-way street. It is undisputed that the defendant had the right of way (see, Vehicle and Traffic Law § 1142 Veh. Traf.[a]), and the plaintiff admitted at her deposition that she saw the defendant before she began to turn.
The defendant made a prima facie showing that the accident resulted solely from the plaintiff's negligence (see, Cascio v. Scigiano, 262 A.D.2d 264; Smalley v. McCarthy, 254 A.D.2d 478; Singh v. Shafi, 252 A.D.2d 494; Bolta v. Lohan, 242 A.D.2d 356; Nunziata v. Birchell, 238 A.D.2d 555; Maxwell v. Land-Saunders, 233 A.D.2d 303). The plaintiff `s submission in opposition was insufficient to defeat the defendant's motion (see, Singh v. Shafi, supra; Bolta v. Lohan, supra; Maxwell v. Land-Saunders, supra). Thus, the Supreme Court properly concluded that the defendant was entitled to summary judgment dismissing the complaint.
O'BRIEN, J.P., THOMPSON, S. MILLER and H. MILLER, JJ., concur.