VIRZI v. FRASER

Ordered that the order is affirmed, with costs.

A vehicle operated by the plaintiff Joseph Virzi, in which the plaintiff Roy Prochilo was a passenger, collided with a vehicle owned and operated by the defendant at the intersection of 77th Street and 16th Avenue in Brooklyn. The plaintiffs were traveling on 77th Street, which was governed by a stop sign at its intersection with 16th Avenue. The defendant was traveling on 16th Street, which was not governed by a traffic control signal at its intersection with 77th Street.

The defendant failed to submit evidence sufficient to establish her entitlement to judgment as a matter of law ( see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). Although a stop sign governed the intersection for traffic proceeding in the direction that Virzi traveled, a triable issue of fact exists as to whether the defendant was free from negligence ( see Campbell-Lopez v Cruz, 31 AD3d 475, 475-476; Romano v 202 Corp., 305 AD2d 576, 577; Hernandez v Bestway Beer Soda Distrib., 301 AD2d 381). Accordingly, the Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint.