| Virzi v Fraser |
| 2008 NY Slip Op 04508 [51 AD3d 784] |
| May 13, 2008 |
| Appellate Division, Second Department |
| Joseph Virzi et al., Respondents, v Claire T. Fraser,Appellant. |
—[*1] Krentsel & Guzman (Mischel & Horn, P.C., New York, N.Y. [Scott T. Horn], of counsel),for respondents.
In an action, inter alia, to recover damages for personal injuries, the defendant appeals froman order of the Supreme Court, Kings County (Martin, J.), dated April 24, 2007, which deniedher motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A vehicle operated by the plaintiff Joseph Virzi, in which the plaintiff Roy Prochilo was apassenger, collided with a vehicle owned and operated by the defendant at the intersection of77th Street and 16th Avenue in Brooklyn. The plaintiffs were traveling on 77th Street, which wasgoverned by a stop sign at its intersection with 16th Avenue. The defendant was traveling on16th 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 asa 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 Virzitraveled, a triable issue of fact exists as to whether the defendant was free from negligence (see Campbell-Lopez v Cruz, 31 AD3d475, 475-476 [2006]; Romano v 202 Corp., 305 AD2d 576, 577 [2003];Hernandez v Bestway Beer & Soda Distrib., 301 AD2d 381 [2003]). Accordingly, theSupreme Court properly denied the defendant's motion for summary judgment dismissing thecomplaint. Miller, J.P., Dillon, McCarthy and Chambers, JJ., concur.