Opinion
No. 570629/15.
10-01-2015
Lionel MACKENZIE, Plaintiff–Appellant, v. Jasmine SPRINGER and Janet BarclayBanton, Defendants–Respondents.
Opinion
PER CURIAM.
Judgment (Elizabeth A. Taylor, J.), entered on or about October 2, 2014, reversed, without costs, and new trial ordered.
This small claims action seeks property damages arising from a two car collision. The trial evidence showed, and the court expressly found, that as plaintiff was driving straight through an intersection, the “front right” area of his vehicle collided with the “right back bumper” of defendant's vehicle, which was making a left turn into the same intersection. On these undisputed facts, the dismissal of the action, upon a finding that defendant was not liable for the accident, did not achieve substantial justice between the parties consistent with substantive law principles (see CCA 1804, 1807). At a minimum, defendant violated Vehicle and Traffic Law § 1141 by making a left turn into an intersection without yielding the right of way to plaintiff. “Such a violation constitutes negligence which cannot be disregarded” (Mathewson v. Bender, 259 A.D.2d 673 1999; see Covington v. Kumar, 67 AD3d 463 2009 ). Whether plaintiff contributed to the happening of the accident or did not use reasonable care to avoid the accident is an issue of comparative fault (see Arias v. Tiao, 123 AD3d 857 2014 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.