Opinion
2004-1615 K C
Decided June 9, 2005.
Appeal by defendants Sylvester Wilson and Stephanie Thompson from an order of the Civil Court, Kings County (A. O'Shea, J.), entered on August 9, 2004, which denied their motion for summary judgment.
Order unanimously reversed without costs and motion by defendants Sylvester Wilson and Stephanie Thompson for summary judgment dismissing the complaint as against them granted.
Before: PRESENT: PESCE, P.J., PATTERSON and BELEN, JJ.
In this personal injury action, plaintiff was injured while she was a passenger in a motor vehicle operated by defendant Sylvester Wilson and owned by defendant Stephanie Thompson. The vehicle was involved in a collision with a taxicab driven by defendant James Owusu and owned by defendant Jerome Markman. In her examination before trial, plaintiff stated that defendant Wilson was proceeding lawfully in the left lane of DeKalb Avenue, which had two lanes of traffic going in the same direction, when defendant Owusu attempted to cross over from the right lane to make a left turn onto Waverly Avenue and struck defendant Wilson's vehicle injuring plaintiff. Plaintiff testified that defendant Wilson tried to move to the left and sounded his horn. Based on plaintiff's testimony, appellants established a prima facie showing upon their motion for summary judgment of their lack of negligence and that defendant Owusu violated Vehicle and Traffic Law § 1160 (c). In opposition to the motion, plaintiff's attorney and the attorney for defendants Owusu and Markman submitted affirmations which were unsupported by any competent evidence and, therefore, did not raise a triable issue of fact ( Mora v. Garcia, 3 AD3d 478). Accordingly, summary judgment should be granted in favor of appellants.