Colpan v. Allied Central Ambulette, Inc.

*777Contrary to the defendants’ contention, the Supreme Court providently exercised its discretion in granting that branch of the plaintiffs motion which was for leave to reargue (see Shields v Kleiner, 93 AD3d 710 [2012]; Fung v Uddin, 60 AD3d 992 [2009]).

A violation of the Vehicle and Traffic Law constitutes negligence as a matter of law (see Vainer v DiSalvo, 79 AD3d 1023 [2010]; Botero v Erraez, 289 AD2d 274 [2001]; Ferrara v Castro, 283 AD2d 392 [2001]; Packer v Mirasola, 256 AD2d 394 [1998]). Moreover, under the common law, a driver is bound to see what is there to be seen through the…