| Stanford v Dushey |
| 2010 NY Slip Op 02541 [71 AD3d 988] |
| March 23, 2010 |
| Appellate Division, Second Department |
| Anthony P. Stanford, Respondent, v Linda A. Dushey etal., Appellants. |
—[*1]
In an action, inter alia, to recover damages for personal injuries, the defendants appeal froman order of the Supreme Court, Westchester County (Giacomo, J.), entered June 8, 2009, whichgranted the plaintiff's motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiff established his prima facie entitlement to judgment as a matter of law on theissue of liability by submitting evidence that the defendant driver failed to yield the right-of-wayas the plaintiff proceeded lawfully through the intersection (see Vehicle and Traffic Law§ 1142 [a]; Khan v Nelson, 68 AD3d 1062 [2009]; Falcone v Ibarra, 67AD3d 858, 859 [2009]; Yelder v Walters, 64 AD3d 762, 763-764 [2009]; Grossmanv Spector, 48 AD3d 750, 751 [2008]). In opposition, the defendants failed to raise a triableissue of fact. Since the defendant driver admitted in her affidavit that she did not see theplaintiff's vehicle prior to the collision, the defendants' contention that the plaintiff may havebeen speeding or may have been negligent in failing to take evasive action was speculative(see Loch v Garber, 69 AD3d 814 [2010]; Khan v Nelson, 68 AD3d at 1062;Falcone v Ibarra, 67 AD3d at 859; Yelder v Walters, 64 AD3d at 764; Eximev Williams, 45 AD3d 633, 634 [2007]). Furthermore, the defendants failed to establish thatadditional discovery would yield any facts indicating that the plaintiff was at fault and justify thedenial of the plaintiff's motion (see CPLR 3212 [f]; Falcone v Ibarra, 67 AD3d at859; Carpio v Leahy Mech. Corp., 30 AD3d 554, 555 [2006]; Szczotka v Adler,291 AD2d 444 [2002]). Accordingly, the Supreme Court properly granted the plaintiff's motionfor summary judgment on the issue of liability. Dillon, J.P., Balkin, Dickerson and Lott, JJ.,concur.