| Narracci v Brigati |
| 2008 NY Slip Op 09764 [57 AD3d 632] |
| December 9, 2008 |
| Appellate Division, Second Department |
| mClaude Narracci, Respondent, v John D. Brigati et al.,Appellants. |
—[*1] Jeffrey S. Shein & Associates, P.C., Syosset, N.Y. (Charles R. Strugatz of counsel), forrespondent.
In an action, inter alia, to recover damages for wrongful death, the defendants appeal from an orderof the Supreme Court, Suffolk County (R. Doyle, J.), dated January 25, 2008, which denied theirmotion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A vehicle operated by the plaintiff's decedent collided with a vehicle operated by the defendantJohn D. Brigati and owned by the defendant White Post Growers, Inc., at the intersection of ThirdAvenue and West Pulaski Road in Huntington. The plaintiff's decedent was traveling on Third Avenue,which was governed by a stop sign at its intersection with West Pulaski Road. The defendant driverwas traveling on West Pulaski Road, which was not governed by a traffic control signal at itsintersection with Third Avenue.
The defendants failed to submit evidence sufficient to establish their entitlement to judgment as amatter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]).Although the decedent's direction of travel was governed by a stop sign, triable issues of fact exist as tothe facts surrounding the accident and whether the defendant driver was free of negligence (see Virzi v Fraser, 51 AD3d 784[2008]; Campbell-Lopez v Cruz, 31AD3d 475 [2006]; Hernandez v Bestway Beer & Soda Distrib., 301 AD2d 381 [2003]).Accordingly, the Supreme Court properly denied the defendants' [*2]motion for summary judgment. Fisher, J.P., Angiolillo, Dickerson andBelen, JJ., concur.