Opinion
July 31, 1995
Appeal from the Supreme Court, Suffolk County (Floyd, J.).
Ordered that the order is affirmed, with costs.
The internal accident report submitted by the plaintiff, in which the operator of the offending vehicle admitted that he had "run" a red light, made out a prima facie case that the defendants were solely liable for the accident (see, CPLR 3212 [b]). The only evidence submitted by the defendants in opposition to the motion was the deposition testimony of the plaintiff, which failed to raise a triable issue of fact as to whether she had been contributorily negligent in failing to exercise reasonable care in entering the intersection or in avoiding the collision (see, CPLR 3212 [b]). Bracken, J.P., Rosenblatt, Krausman and Goldstein, JJ., concur.