Majority
Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about October 28, 2015, which granted plaintiff’s motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.
Plaintiff established her entitlement to judgment as a matter of law on the issue of liability, in this action where plaintiff’s vehicle collided with the vehicle operated by defendant Ludwik Pawelec when Pawelec, who was traveling in the opposite direction, made a left turn across the path of plaintiff’s vehicle. Plaintiff submitted evidence showing that Pawelec was negligent by making a left turn without ensuring that it was safe to do so (see Vehicle and Traffic Law § 1141; Foreman v
In opposition, defendants failed to raise a triable issue of fact. Defendants did not offer admissible evidence supporting their assertion that plaintiff could have avoided the collision (see Sarac-Marshall v Mikalopas, 125 AD3d 570 [1st Dept 2015]).
Concur — Friedman, J.P., Andrias, Webber and Gesmer, JJ.
Cases cited
- Berner v. Koegel 31 AD3d 591 at 592 p. 439
- Griffin v. Pennoyer 49 AD3d 341 at 342 p. 439
- African Sarac-Marshall v. Mikalopas 125 AD3d 570 p. 439