| Zummo v Holmes |
| 2008 NY Slip Op 09923 [57 AD3d 366] |
| December 18, 2008 |
| Appellate Division, First Department |
| Thomasina Zummo, Appellant, v Everett H. Holmes,Respondents. |
—[*1] White & McSpedon, P.C., New York (Tracey Lyn Jarzombek of counsel), forrespondents.
Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered September 20, 2007,which, in an action for personal injuries arising out of a motor vehicle accident, denied plaintiff'smotion for partial summary judgment on the issue of liability, unanimously reversed, on the law,without costs, the motion granted and the matter remanded for further proceedings.
Plaintiff made a prima facie showing of entitlement to summary judgment on the issue ofliability. Plaintiff was driving in the right lane when defendant Holmes, who was driving a tractortrailer in the lane to plaintiff's left, attempted to merge into plaintiff's lane when his lane ended, atwhich point the tractor trailer struck plaintiff's vehicle (see Williams v New York City Tr. Auth., 37 AD3d 827 [2007];Vehicle and Traffic Law § 1128 [a]). In opposition, defendants failed to raise a triableissue of fact as to comparative negligence on the part of plaintiff (see Neryaev v Solon, 6 AD3d 510[2004]). Concur—Mazzarelli, J.P., Gonzalez, Catterson, McGuire and Acosta, JJ.,