| Borukhow v Cuff |
| 2008 NY Slip Op 01692 [48 AD3d 726] |
| February 26, 2008 |
| Appellate Division, Second Department |
| Gabriel Borukhow, Appellant, v Jennifer Karlene Cuff etal., Respondents. |
—[*1] Richard T. Lau, Jericho, N.Y. (Marcella Gerbasi Crewe of counsel), forrespondents.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by hisbrief, from so much of an order of the Supreme Court, Queens County (Taylor, J.), entered July16, 2007, as, upon renewal, adhered to the original determination in an order dated December 5,2006, denying his motion for summary judgment on the issue of liability.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court correctly adhered to its denial of the plaintiff's motion for summaryjudgment as the plaintiff failed to establish his prima facie entitlement to judgment as a matter oflaw on the issue of liability (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986];Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 852 [1985]). "[A] driver wholawfully enters an intersection . . . may still be found partially at fault for anaccident if he or she fails to use reasonable care to avoid a collision with another vehicle in theintersection" (Siegel v Sweeney, 266 AD2d 200, 202 [1999]; see Romano v 202Corp., 305 AD2d 576, 577 [2003]). Here, the plaintiff's evidence, submitted upon renewal insupport of the motion for summary judgment, raised a triable issue of fact as to whether he usedreasonable care to avoid the accident. Since the plaintiff thus failed to meet his initial burden asthe moving party (see Demant vRochevet, 43 AD3d 981 [2007]; Cox v Nunez, 23 AD3d 427 [2005]; Romano v 202 Corp.,305 AD2d at 577; Bodner v Greenwald, 296 AD2d 564 [2002]), the Supreme Court,upon renewal, correctly adhered to its denial of the motion regardless of the sufficiency of thedefendants' opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851[1985]; Parnes v Mitzy Transp., 44AD3d 918 [2007]). Spolzino, J.P., Skelos, Lifson and McCarthy, JJ., concur.