Majority
p. 529[791 NE2d 394, 761 NYS2d 137] Catherine Green, as Administratrix of the Estate of Robert Green, Sr., Also Known as Robert L. Green, Sr., Deceased, Appellant, v Stephanie Mower et al., Respondents. Decided May 8, 2003
p. 530
APPEARANCES OF COUNSEL
Finkelstein & Partners, Newburgh (George A. Kohl, 2nd, of counsel), for appellant.
Hite, Savitt, O’Donnell & Beaumont, P.C., Albany (John H Beaumont of counsel), for respondents.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs. The Appellate Division correctly determined that, as a matter of law, decedent’s failure to yield the right of way was the sole proximate cause of the accident. Thus, the Court properly granted defendants summary judgment dismissing the complaint (see Zuckerman v City of New York, 49 NY2d 557 , 562 [1980]).
Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Cases cited
- Zuckerman v. City of New York 49 NY2d 557 at 562 p. 530