Howell v Verona

Howell v Verona 2006 NY Slip Op 09558 [35 AD3d 664] December 19, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

William Howell, Respondent,
v
Jessica Verona et al., Appellants.

—[*1]In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Schack, J.), dated January 3, 2006, which granted the plaintiff's motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The plaintiff established his prima facie entitlement to summary judgment on the issue of liability by presenting proof that the defendant Jessica Verona proceeded into the intersection and failed to yield the right of way to his vehicle in violation of Vehicle and Traffic Law § 1142 (a) (see McNamara v Fishkowitz, 18 AD3d 721 [2005]). In opposition, the defendants failed to raise a triable issue of fact as to the plaintiff's comparative negligence.

The defendant's remaining contentions are without merit. Florio, J.P., Mastro, Rivera and Spolzino, JJ., concur.