Mackenzie v Springer

[*1] Mackenzie v Springer 2015 NY Slip Op 51395(U) Decided on October 1, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 1, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570629/15

Lionel Mackenzie, Plaintiff-Appellant,

against

Jasmine Springer and Janet Barclay- Banton, Defendants-Respondents.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Elizabeth A. Taylor, J.), entered on or about October 2, 2014, after trial, in favor of defendants dismissing the action.

Per Curiam.

Judgment (Elizabeth A. Taylor, J.), entered on or about October 2, 2014, reversed, without costs, and new trial ordered.

This small claims action seeks property damages arising from a two car collision. The trial evidence showed, and the court expressly found, that as plaintiff was driving straight through an intersection, the "front right" area of his vehicle collided with the "right back bumper" of defendant's vehicle, which was making a left turn into the same intersection. On these undisputed facts, the dismissal of the action, upon a finding that defendant was not liable for the accident, did not achieve substantial justice between the parties consistent with substantive law principles (see CCA 1804, 1807). At a minimum, defendant violated Vehicle and Traffic Law § 1141 by making a left turn into an intersection without yielding the right of way to plaintiff. "Such a violation constitutes negligence which cannot be disregarded" (Mathewson v Bender, 259 AD2d 673 [1999]; see Covington v Kumar, 67 AD3d 463 [2009]). Whether plaintiff contributed to the happening of the accident or did not use reasonable care to avoid the accident is an issue of comparative fault (see Arias v Tiao, 123 AD3d 857 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 01, 2015