| Moreno v Gomez |
| 2009 NY Slip Op 00196 [58 AD3d 611] |
| January 13, 2009 |
| Appellate Division, Second Department |
| Silvia Moreno, Appellant, v Luz Dary Gomez,Respondent, et al., Defendants. |
—[*1] Mendolia & Stenz, Westbury, N.Y. (Tracy Morgan of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by herbrief, from so much of an order of the Supreme Court, Queens County (Nelson, J.), enteredAugust 27, 2007, as granted that branch of the motion of the defendant Luz Dary Gomez whichwas for summary judgment dismissing the complaint insofar as asserted against her.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant Luz Dary Gomez demonstrated her prima facie entitlement to judgment as amatter of law by establishing that the codefendant Marvin A. Matamoros violated Vehicle andTraffic Law § 1141 when he made a left turn directly into the path of Gomez's oncomingvehicle (see Maloney v Niewender,27 AD3d 426 [2006]; Moreback v Mesquita, 17 AD3d 420, 421 [2005]; Casaregola v Farkouh, 1 AD3d306 [2003]). Gomez, who had the right-of-way, was entitled to anticipate that Matamoroswould obey the traffic laws which required him to yield (see Agin v Rehfeldt, 284 AD2d352 [2001]; Cenovski v Lee, 266 AD2d 424 [1999]).
In opposition to this prima facie showing, the plaintiff failed to demonstrate the existence ofa triable issue of fact as to whether Gomez was comparatively negligent. Contrary to theplaintiff's contention, there is no evidence in the record that Gomez violated Vehicle and TrafficLaw § 1123 (b) when she passed to the right of a vehicle that was about to make a left turnin the intersection. Rivera, J.P., Angiolillo, Eng and Belen, JJ., concur.