| Malbory v David Chevrolet Buick Pontiac, Inc. |
| 2013 NY Slip Op 05153 [108 AD3d 1109] |
| July 5, 2013 |
| Appellate Division, Fourth Department |
| Rachelle Malbory, Plaintiff, v David Chevrolet BuickPontiac, Inc., et al., Appellant, and Mattie Malbory,Respondent. |
—[*1] Gibson, McAskill & Crosby, LLP, Buffalo (Robert J. Mullins, II, of counsel), fordefendant-respondent.
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.),entered February 29, 2012. The order granted the motion of defendant Mattie Malboryfor, inter alia, summary judgment dismissing the complaint and cross claims against her.
It is hereby ordered that the order so appealed from is unanimously affirmed withoutcosts.
Memorandum: Plaintiff commenced this action seeking damages for injuries shesustained while she was a passenger in a vehicle driven by her mother, Mattie Malbory(defendant). That vehicle was involved in a collision with a vehicle driven by defendantChristen Smith and owned by defendant David Chevrolet Buick Pontiac, Inc.(collectively, Smith defendants), who now appeal from an order granting defendant'smotion for, inter alia, summary judgment dismissing the complaint and cross claimsagainst her. We affirm. It is well settled that a driver who has the right-of-way is entitledto anticipate that drivers of other vehicles will obey the traffic laws requiring them toyield (see Liskiewicz vHameister, 104 AD3d 1194, 1194-1195 [2013]). Here, it is undisputed that thevehicle driven by defendant was traveling at a lawful rate of speed and had theright-of-way, and the Smith defendants failed to raise an issue of fact whether defendanthad an opportunity to avoid the accident (see id. at 1195).Present—Scudder, P.J., Peradotto, Lindley and Sconiers, JJ.