| Kotzias v Panagiotis |
| 2012 NY Slip Op 00186 [91 AD3d 607] |
| Jnury 10, 2012 |
| Appellate Division, Second Department |
| George Kotzias, Appellant, v Constantidis Panagiotis,Respondent. |
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Robert P. Tusa (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum],of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Queens County (Grays, J.), entered September 17, 2010, which granted thedefendant's motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In support of his motion for summary judgment, the defendant made a prima facie showingof his entitlement to judgment as a matter of law by presenting evidence that he approached andentered the intersection with the right-of-way, and that the plaintiff violated Vehicle and TrafficLaw § 1142 (a) by failing to yield the right-of-way, which constituted negligence as amatter of law (see Thompson vSchmitt, 74 AD3d 789 [2010]; McCain v Larosa, 41 AD3d 792, 793 [2007]; Gergis v Miccio, 39 AD3d 468[2007]), and resulted in the subject accident. Inasmuch as the defendant had the right-of-way, hewas entitled to anticipate that the plaintiff would obey traffic laws which required the plaintiff toyield (see Yelder v Walters, 64AD3d 762, 764 [2009]; Thompson v Schmitt, 74 AD3d at 790; Klein v Crespo, 50 AD3d 745,745-746 [2008]). In opposition, the plaintiff failed to raise a triable issue of fact.
Accordingly, the Supreme Court properly granted the defendant's motion for summaryjudgment dismissing the complaint. Mastro, A.P.J., Balkin, Chambers and Roman, JJ., concur.