Opinion
13207 Index No. 151133/18 Case No. 2020-03224
02-25-2021
Beth LUCIANO–MAHONEY, Plaintiff–Appellant, v. Larry ROSSMAN et al., Defendants–Respondents.
Restivo & Murphy LLP, Garden City ( Todd Restivo of counsel), for appellant. Cozen O'Connor, New York ( Matthew Zryb of counsel), for respondents.
Restivo & Murphy LLP, Garden City ( Todd Restivo of counsel), for appellant.
Cozen O'Connor, New York ( Matthew Zryb of counsel), for respondents.
Acosta, P.J., Renwick, Singh, Mendez, JJ.
Order, Supreme Court, New York County (Adam Silvera, J.), entered December 31, 2019, which denied plaintiff's motion for summary judgment on the issue of liability, unanimously affirmed, without costs.
The accident giving rise to plaintiff's claim involved an intersection collision between plaintiff's vehicle, which was traveling on a street that was not regulated by a traffic control device, and defendants’ vehicle, whose approach into the intersection was regulated by a stop sign. The court properly denied plaintiff's motion because the record presents triable issues of fact as to whether defendant Rossman stopped at the stop sign, whether Rossman was already within the intersection when plaintiff's vehicle approached, and whether plaintiff should have seen Rossman's vehicle as she was approaching the intersection ( see Raposo v. Robinson, 106 A.D.3d 593, 965 N.Y.S.2d 348 [1st Dept. 2013] ; Nevarez v. S.R.M. Mgt. Corp., 58 A.D.3d 295, 867 N.Y.S.2d 431 [1st Dept. 2008] ).