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SILVIA MORENO, Appellant, v. Luz DARY GOMEZ, Respondent, et al., Defendants.

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

The defendant Luz Dary Gomez demonstrated her prima facie entitlement to judgment as a matter of law by establishing that the codefendant Marvin A. Matamoros violated Vehicle and Traffic Law § 1141 when he made a left turn directly into the path of Gomez's oncoming vehicle ( see Moloney v Niewender, 27 AD3d 426; Moreback v Mesquita, 17 AD3d 420, 421; Casaregola v Farkouh, 1 AD3d 306). Gomez, who had the right-of-way, was entitled to anticipate that Matamoros would obey the traffic laws which required him to yield ( see Agin v Rehfeldt, 284 AD2d 352; Cenovski v Lee, 266 AD2d 424).

In opposition to this prima facie showing, the plaintiff failed to demonstrate the existence of a triable issue of fact as to whether Gomez was comparatively negligent. Contrary to the plaintiff's contention, there is no evidence in the record that Gomez violated Vehicle and Traffic Law § 1123 (b) when she passed to the right of a vehicle that was about to make a left turn in the intersection.

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MORENO v. GOMEZ
(Jan 13, 2009)