Virzi v. FraserVirzi v. Fraser
Ordered that the order is affirmed, with costs.
A vehicle operated by the plaintiff Joseph Virzi, in which the plaintiff Roy Prochilo was a passenger, collided with a vehicle owned and operated by the defendant at the intersection of 77th Street and 16th Avenue in Brooklyn. The plaintiffs were traveling on 77th Street, which was governed by a stop sign at its intersection with 16th Avenue. The defendant was traveling on 16th Street, which was not governed by a traffic control signal at its intersection with 77th Street.
The defendant failed to submit evidence sufficient to establish her entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Although a stop sign governed the intersection for traffic proceeding in the direction that Virzi traveled, a triable issue of fact exists as to whether the defendant was free from negligence (see Campbell-Lopez v Cruz, 31 AD3d 475, 475-476 [2006]; Romano v 202 Corp., 305 AD2d 576, 577 [2003]; Hernandez v Bestway Beer & Soda Distrib., 301 AD2d 381 [2003]). Accordingly, the Supreme Court properly denied the defendant‘s motion for summary judgment dismissing the complaint. Miller, J.P., Dillon, McCarthy and Chambers, JJ., concur.