| Fauvell v Samson |
| 2009 NY Slip Op 02968 [61 AD3d 714] |
| April 14, 2009 |
| Appellate Division, Second Department |
| Kate Fauvell, Respondent, v James Samson et al.,Appellants. |
—[*1] Jay R. Viders, PLLC, Carle Place, N.Y., for respondent.
In an action to recover damages for personal injuries, the defendants appeal from an order ofthe Supreme Court, Kings County (Martin, J.), dated April 22, 2008, which denied their motionfor summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
This action arises out of an intersection collision between a car that the defendant JamesSamson was driving and a bicycle on which the plaintiff was riding. It is undisputed that theplaintiff was riding her bicycle southbound and against traffic on Smith Street, a one-way streetin Brooklyn, when she collided with the car, which was traveling eastbound on Union Streetthrough the intersection with Smith Street. Inasmuch as the fault for the accident depends, inpart, on whether Samson drove through a red signal when entering the intersection (see Ramos v Triboro Coach Corp., 31AD3d 625 [2006]), and as there are triable issues of fact as to whether he did so, theSupreme Court properly denied the defendants' motion for summary judgment dismissing thecomplaint. Mastro, J.P., Fisher, Florio and Eng, JJ., concur.