| Qamar v Kanarek |
| 2011 NY Slip Op 01820 [82 AD3d 860] |
| March 8, 2011 |
| Appellate Division, Second Department |
| Mohammad Qamar, Respondent, v Rachel B. Kanarek etal., Appellants. |
—[*1] A. Ali Yusaf, Richmond Hill, N.Y. (Stephen A. Skor of counsel), for respondent.
In an action to recover damages for personal injuries, the defendants appeal, as limited bytheir brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), datedJuly 26, 2010, as granted the plaintiff's motion for summary judgment on the issue of liability.
Ordered that the order is affirmed insofar as appealed from, with costs.
In support of his motion for summary judgment on the issue of liability, the plaintiffpedestrian demonstrated that the defendant driver failed to yield the right-of-way in making a leftturn and struck the plaintiff while the plaintiff was crossing the street within the crosswalk with apedestrian traffic signal in his favor. The plaintiff showed that he exercised due care in crossingthe street and that he was struck by the defendant driver, suddenly and without warning, when hewas more than halfway across the street, having "almost reached" the curb that he was crossingto. Thus, contrary to the defendants' contention, the plaintiff demonstrated his prima facieentitlement to judgment as a matter of law (see Klee v Americas Best Bottling Co., Inc., 60 AD3d 911 [2009];Benedikt v Certified Lbr. Corp., 60AD3d 798 [2009]; Voskin vLemel, 52 AD3d 503 [2008]; cf. Thoma v Ronai, 82 NY2d 736 [1993]). Inopposition, the defendants failed to raise a triable issue of fact. Accordingly, the Supreme Courtproperly granted the plaintiff's motion for summary judgment on the issue of liability. Angiolillo,J.P., Chambers, Austin and Miller, JJ., concur.