| Azeem v Cava |
| 2012 NY Slip Op 01421 [92 AD3d 821] |
| February 21, 2012 |
| Appellate Division, Second Department |
| Sadaf Azeem, Appellant, v Bertha M. Cava,Respondent. |
—[*1] Richard T. Lau, Jericho, N.Y. (Nancy Goodman of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Nassau County (Iannacci, J.), dated March 23, 2011, which denied hermotion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiff pedestrian was crossing the street in a crosswalk with the traffic light in herfavor when she was struck by the defendant's vehicle as it was making a left turn. The plaintiffmade a prima facie showing of her entitlement to judgment as a matter of law by submittingevidence that the defendant failed to yield the right-of-way in violation of Vehicle and TrafficLaw § 1112 (a), and that she looked for approaching traffic before she began to cross thestreet and was free from comparative fault (see Martinez v Kreychmar, 84 AD3d 1037, 1038 [2011]; Lariviere v New York City Tr. Auth.,82 AD3d 1165, 1166 [2011]; Rosenblatt v Venizelos, 49 AD3d 519, 520 [2008]). However, inopposition to the motion, the defendant raised a triable issue of fact as to whether the plaintiffwas comparatively at fault (see Thoma v Ronai, 82 NY2d 736, 737 [1993]; Yi Min Feng v Jin Won Oh, 71 AD3d879, 880 [2010]).
Accordingly, the Supreme Court properly denied the plaintiff's motion for summaryjudgment on the issue of liability. Rivera, J.P., Eng, Hall and Sgroi, JJ., concur.