ZUMMO v. HOLMES

Plaintiff made a prima facie showing of entitlement to summary judgment on the issue of liability. Plaintiff was driving in the right lane when defendant Holmes, who was driving a tractor trailer in the lane to plaintiff's left, attempted to merge into plaintiff's lane when his lane ended, at which point the tractor trailer struck plaintiff's vehicle ( see Williams v New York City Tr. Auth., 37 AD3d 827; Vehicle and Traffic Law § 1128 [a]). In opposition, defendants failed to raise a triable issue of fact as to comparative negligence on the part of plaintiff ( see Neryaev v Solon, 6 AD3d 510).