Kotzias v. Panagiotis
Appellate Division of the Supreme Court of the State of New York
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
- Yelder v. WaltersAppellate Division of the Supreme Court of the State of New York · 2009
- Gergis v. MiccioAppellate Division of the Supreme Court of the State of New York · 2007
- Thompson v. SchmittAppellate Division of the Supreme Court of the State of New York · 2010
- McCain v. LarosaAppellate Division of the Supreme Court of the State of New York · 2007
- Klein v. CrespoAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by7 opinions
- Katikireddy v. EspinalAppellate Division of the Supreme Court of the State of New York · 2016
- Zuleta v. QuijadaAppellate Division of the Supreme Court of the State of New York · 2012
- Joaquin v. FrancoAppellate Division of the Supreme Court of the State of New York · 2014
- Harris v. LinaresAppellate Division of the Supreme Court of the State of New York · 2013
- Crowe v. HanleyAppellate Division of the Supreme Court of the State of New York · 2014
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