| Klee v Americas Best Bottling Co., Inc. |
| 2009 NY Slip Op 02330 [60 AD3d 911] |
| March 24, 2009 |
| Appellate Division, Second Department |
| Lewis Klee, Respondent, v Americas Best Bottling Co.,Inc., et al., Appellants. |
—[*1] Thomas D. Wilson, P.C., Brooklyn, N.Y., for respondent.
In an action to recover damages for personal injuries, the defendants appeal from an order ofthe Supreme Court, Kings County (Schmidt, J.), dated March 27, 2008, which granted theplaintiff's motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, without costs or disbursements.
The plaintiff pedestrian was crossing the street in a crosswalk with the traffic signal in hisfavor when, as he was about three quarters of the way across the street, he was struck on his leftside by the defendants' vehicle as it was making a left turn. The evidence submitted by theplaintiff established, as a matter of law, that the defendant driver violated Vehicle and TrafficLaw § 1112 (a) and that the plaintiff was free from comparative negligence (cf. Cator vFilipe, 47 AD3d 664 [2008]). In opposition, the defendants failed to raise a triable issue offact. Accordingly, the plaintiff's motion for summary judgment on the issue of liability wasproperly granted. Skelos, J.P., Santucci, Angiolillo, Dickerson and Chambers, JJ., concur.