Kotzias v. Panagiotis, 91 A.D.3d 607

In support of his motion for summary judgment, the defendant made a prima facie showing of his entitlement to judgment as a matter of law by presenting evidence that he approached and entered the intersection with the right-of-way, and that the plaintiff violated Vehicle and Traffic Law § 1142 (a) by failing to yield the right-of-way, which constituted negligence as a matter of law (see Thompson v Schmitt, 74 AD3d 789 [2010]; McCain v Larosa, 41 AD3d 792, 793 [2007]; Gergis v Miccio, 39 AD3d 468 [2007]), and resulted in the subject accident. Inasmuch as the defendant had the right-of-way, he was entitled to anticipate that the plaintiff would obey traffic laws which required the plaintiff to yield (see Yelder v Walters, 64 AD3d 762, 764 [2009]; Thompson v Schmitt, 74 AD3d at 790; Klein v Crespo, 50 AD3d 745, 745-746 [2008]). In opposition, the plaintiff failed to raise a triable issue of fact.

Accordingly, the Supreme Court properly granted the defendant‘s motion for summary judgment dismissing the complaint.

Mastro, A.P.J., Balkin, Chambers and Roman, JJ., concur.

Case Details

Case Name: Kotzias v. Panagiotis

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jan 10, 2012

Citations: 91 A.D.3d 607; 936 N.Y.S.2d 555; 936 N.Y.2d 555

Court Abbreviation: N.Y. App. Div.