| Cuevas v Chavez |
| 2012 NY Slip Op 02625 [94 AD3d 803] |
| April 10, 2012 |
| Appellate Division, Second Department |
| John J. Cuevas, Respondent, v Sharon Chavez,Appellant. |
—[*1] Michael S. Lamonsoff, New York, N.Y. (Stacey Haskel of counsel), for respondent.
In an action to recover damages for personal injuries, the defendant appeals from an order ofthe Supreme Court, Queens County (McDonald, J.), dated March 23, 2011, which granted theplaintiff'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 demonstrating that the defendant driver, in violation of Vehicle and TrafficLaw § 1112 (a), failed to yield the right-of-way to him, as he was crossing the street withinthe crosswalk with the pedestrian "WALK" signal in his favor, and that he was free fromcomparative fault (see Arazashvilli vExecutive Fleet Mgt., Corp., 90 AD3d 682 [2011]; Qamar v Kanarek, 82 AD3d 860 [2011]; Klee v Americas Best Bottling Co.,Inc., 60 AD3d 911 [2009]; Sulaiman v Thomas, 54 AD3d 751 [2008]; Voskin v Lemel, 52 AD3d 503[2008]; cf. Thoma v Ronai, 82 NY2d 736 [1993]; Roman v A1 Limousine, Inc., 76 AD3d 552 [2010]). In opposition,the defendant failed to raise a triable issue of fact (see Benedikt v Certified Lbr. Corp., 60 AD3d 798 [2009]; Sulaiman v Thomas, 54 AD3d 751[2008]; Rosenblatt v Venizelos, 49AD3d 519 [2008]), and failed to demonstrate that further discovery was warranted (see Arazashvilli v Executive Fleet Mgt.,Corp., 90 AD3d 682 [2011]; Martinez v Kreychmar, 84 AD3d 1037 [2011]; Benedikt v Certified Lbr. Corp., 60AD3d 798 [2009]; Lopez v WSDistrib., Inc., 34 AD3d 759, 760 [2006]).
Accordingly, the Supreme Court properly granted the plaintiff's motion for summaryjudgment on the issue of liability. Skelos, J.P., Eng, Belen and Cohen, JJ., concur.