Summary
In Russo, the Court held that plaintiffs demonstrated their entitlement to judgment as a matter of law by establishing that defendant violated VTL § 1141, when she made a left hand turn directly into the path of plaintiff's vehicle, and further found that plaintiff, who had the right of way, had the right to anticipate that the defendant would obey the traffic laws which required her to yield.
Summary of this case from Bosco v. KayeOpinion
2001-11030
Submitted September 26, 2002.
October 21, 2002.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Richmond County (Maltese, J.), dated November 2, 2001, which granted the plaintiffs' motion for summary judgment on the issue of liability.
Michael J. Ross and Robert J. Sambrato, New York, N.Y. (John R. Frank of counsel), for appellant.
O'Leary, McMahon Spero, Staten Island, N.Y. (Maria D. Spero of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiffs demonstrated their entitlement to judgment as a matter of law by establishing that the defendant violated Vehicle and Traffic Law § 1141 when she made a left turn directly into the path of a vehicle driven by the plaintiff Vincenzo Russo. The defendant was negligent in failing to see that which, under the circumstances, she should have seen, and in crossing into the plaintiffs' lane of traffic when it was hazardous to do so (see Agin v. Rehfeldt, 284 A.D.2d 352, 353; Stiles v. County of Dutchess, 278 A.D.2d 304, 305; Pryor v. Reichart, 265 A.D.2d 470, 470). Russo, who had the right-of-way, was entitled to anticipate that the defendant would obey the traffic laws which required her to yield (see Cenovski v. Lee, 266 A.D.2d 424). The record does not support the defendant's contention that issues of fact exist as to whether Russo was negligent in some manner in the operation of his vehicle (see Agin v. Rehfeldt, supra; Welch v. Norman, 282 A.D.2d 448; Cenovski v. Lee, supra; Gravina v. Wakschal, 255 A.D.2d 291). Accordingly, the Supreme Court properly granted the plaintiffs' motion for summary judgment on the issue of liability.
FEUERSTEIN, J.P., SMITH, GOLDSTEIN and LUCIANO, JJ., concur.