Williams v New York City Tr. Auth.

Williams v New York City Tr. Auth. 2007 NY Slip Op 01732 [37 AD3d 827] February 27, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

Rosalyn Williams et al., Respondents,
v
New York City Transit Authority et al., Appellants.

—[*1] Wallace D. Gossett, New York, N.Y. (Steven Efron and Renee Cyr of counsel), for appellants.

Kenneth S. Feraru, Mineola, N.Y., for respondents.

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Partnow, J.), dated October 28, 2005, which granted the plaintiffs' motion for summary judgment on the issue of liability and the separate motion of the plaintiff Rosalyn Williams for summary judgment dismissing the defendants' counterclaim against her.

Ordered that the order is affirmed, with costs.

In support of their motion for summary judgment on the issue of liability, the plaintiffs established that a motor vehicle operated by the plaintiff Rosalyn Williams in the rightmost lane of the Gowanus Expressway, in Brooklyn, was struck by a bus owned by the defendant New York City Transit Authority and operated by the defendant William Meier when the bus moved to the right, in violation of Vehicle and Traffic Law § 1128 (a), in order to avoid construction barriers in the roadway. This evidence established the defendants' prima facie liability (see Neryaev v Solon, 6 AD3d 510 [2004]). In opposition, the defendants failed to raise a triable issue of fact (see Neryaev v Solon, supra). Accordingly, the Supreme Court properly granted both motions. Miller, J.P., Spolzino, Ritter and Lifson, JJ., concur.