| Castro v New York City Tr. Auth. |
| 2012 NY Slip Op 03796 [95 AD3d 1056] |
| May 15, 2012 |
| Appellate Division, Second Department |
| Magdalena Castro, Also Known as Lina Castro,Respondent, v New York City Transit Authority et al.,Appellants. |
—[*1] Lipsig, Shapey, Manus & Moverman, P.C. (Pollack, Pollack, Isaac & De Cicco, New York,N.Y. [Brian J. Isaac and Jillian Rosen], of counsel), for respondent.
In an action to recover damages for personal injuries, the defendants appeal from an order ofthe Supreme Court, Queens County (Gavrin, J.), entered October 3, 2011, which granted theplaintiff's motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiff pedestrian was crossing the street within a crosswalk with the traffic light andpedestrian crossing signal in her favor when she was struck on her left side by a bus operated bythe defendant New York City Transit Authority (hereinafter the NYCTA) as it was making aright turn. The NYCTA acknowledges that the plaintiff was walking within the crosswalk andhad the traffic and pedestrian signals in her favor at the time of the accident. The evidencesubmitted by the plaintiff established that, as a matter of law, the defendant driver violated theTraffic Rules and Regulations of the City of New York (34 RCNY) § 4-03 (a) (1) (i) (see Lariviere v New York City Tr.Auth., 82 AD3d 1165 [2011]) and that the plaintiff was free from comparative fault (see Klee v Americas Best Bottling Co.,Inc., 60 AD3d 911 [2009]; Hoey v City of New York, 28 AD3d 717 [2006]). In opposition, theNYCTA failed to raise a triable issue of fact. Accordingly, the plaintiff's motion for summaryjudgment on the issue of liability was properly granted. Skelos, J.P., Florio, Belen and Sgroi, JJ.,concur.