MORENO v. GOMEZ

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.