Legal Opinion

Kotzias v. Panagiotis

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 2012PublishedCited by 7 opinions

1Opinion of the Court

In support of his motion for summary judgment, the defendant made a prima facie showing of his entitlement to judgment as a matter of law by presenting evidence that he approached and entered the intersection with the right-of-way, and that the plaintiff violated Vehicle and Traffic Law § 1142 (a) by failing to yield the right-of-way, which constituted negligence as a matter of law (see Thompson v Schmitt, 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, he…

2Cases cited5 opinions

  1. Yelder v. WaltersAppellate Division of the Supreme Court of the State of New York · 2009
  2. Gergis v. MiccioAppellate Division of the Supreme Court of the State of New York · 2007
  3. Thompson v. SchmittAppellate Division of the Supreme Court of the State of New York · 2010
  4. McCain v. LarosaAppellate Division of the Supreme Court of the State of New York · 2007
  5. Klein v. CrespoAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by7 opinions

  1. Katikireddy v. EspinalAppellate Division of the Supreme Court of the State of New York · 2016
  2. Zuleta v. QuijadaAppellate Division of the Supreme Court of the State of New York · 2012
  3. Joaquin v. FrancoAppellate Division of the Supreme Court of the State of New York · 2014
  4. Harris v. LinaresAppellate Division of the Supreme Court of the State of New York · 2013
  5. Crowe v. HanleyAppellate Division of the Supreme Court of the State of New York · 2014

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