Majority
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Solomon, J.), dated April 1, 2010, as denied her motion for summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion for summary judgment on the issue of liability is granted.
This action arises out of a motor vehicle accident that occurred at the intersection of Voorhies Avenue and East 18th Street in Brooklyn. The traffic proceeding in the same direction as the defendants’ vehicle was controlled by a stop sign, while the traffic proceeding in the same direction as the plaintiffs vehicle was not controlled by any traffic device.
The plaintiff established her prima facie entitlement to judgment as a matter of law by presenting evidence that the defendants’ vehicle proceeded into the intersection without yielding
In opposition, the defendants failed to raise a triable issue of fact with respect to the plaintiffs alleged comparative negligence (see Dominguez v CCM Computers, Inc., 74 AD3d 728 , 729 [2010]; Batts v Page, 51 AD3d 833 [2008]; McCain v Larosa, 41 AD3d at 793 ; Mateiasevici v Daccordo, 34 AD3d 651 , 652 [2006]; Rossani v Rana, 8 AD3d 548 [2004]). Accordingly, the plaintiffs motion for summary judgment on the issue of liability should have been granted. Skelos, J.P., Covello, Eng, Chambers and Sgroi, JJ., concur.
Cases cited
- Martin v. Ali 78 AD3d 1135 p. 908
- Maliza v. Puerto-Rican Transportation Corp. 50 AD3d 650 at 651-652 p. 908
- McCain v. Larosa 41 AD3d 792 at 793 p. 908
- McNamara v. Fishkowitz 18 AD3d 721 at 722 p. 908
- Dominguez v. CCM Computers, Inc. 74 AD3d 728 at 729 p. 908
- Mateiasevici v. Daccordo 34 AD3d 651 at 652 p. 908