SINGH v. LEE

Ordered that the order is affirmed insofar as appealed from, with costs.

On July 8, 2007, the plaintiff was operating a motorcycle on Horatio Parkway in Bayside, Queens. The defendant Chu Cha Lee (hereinafter the defendant), was operating a vehicle directly in front of the plaintiffs motorcycle and was traveling in the same direction. As the defendant was attempting to make a left turn into the driveway of her home located on Horatio Parkway near 230th Street, the plaintiffs motorcycle collided with the driver's side of the defendant's vehicle. As a result, the plaintiff fell off the motorcycle and allegedly was injured.

The plaintiff failed to demonstrate his prima facie entitlement to judgment as a matter of law on the issue of liability ( see CPLR 3211 [b]; Winegrad v New York Univ. Med. Ctr, 64 NY2d 851, 853; Roman v A1 Limousine, Inc., 76 AD3d 552 [decided herewith]; Yuen Lum, v Wallace, 70 AD3d 1013). While the plaintiff submitted evidence that the defendant had failed to use her directional signal in violation of Vehicle and Traffic Law § 1163 (a), he failed to submit any admissible evidence that the defendant's alleged negligent conduct in this regard was the sole proximate cause of the accident ( cf. Murphy v Epstein, 72 AD3d 767), or that he was free from comparative negligence ( see Thoma v Ronai, 82 NY2d 736, affg 189 AD2d 635; Yi Min Feng v Jin Won Oh, 71 AD3d 879 [20101; Dragunoua v Dondero, 305 AD2d 449, 450).

The plaintiff's remaining contentions are without merit.

Since the plaintiff failed to make a prima facie showing of entitlement to judgment as a matter of law, his summary judgment motion was properly denied regardless of the sufficiency of the opposing papers ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324; Winegrad v New York Univ. Med. Cir., 64 NY2d at 853; Zeitoune v Cohen, 66 AD3d 889, 891).