CAMPBELL-LOPEZ v. CRUZ

Ordered that the appeal by the defendants Kenny M. Harvey and Daphne E. Harvey in action No. 1 is dismissed as withdrawn, pursuant to a stipulation between the parties dated June 14, 2006; and it is further,

Ordered that the order is affirmed insofar as reviewed, with one bill of costs to the respondents.

This appeal involves a three-car accident which occurred at or near the intersection of Dumont Street and Howard Avenue in Brooklyn. The appellants contend that they were entitled to summary judgment in action No. 3 because the negligence of the defendant Dionisio DeJesus Cruz in failing to yield the right-of-way was the sole proximate cause of the accident.

The appellants failed to satisfy their prima facie burden of establishing their entitlement to judgment as a matter of law ( see Alvarez v Prospect Hosp., 68 NY2d 320). In this regard, although Cruz's direction of travel was controlled by a stop sign, there are triable issues of fact, inter alia, as to whether the appellants were free of negligence ( see Romano v 202 Corp., 305 AD2d 576, 577; Hernandez v Bestway Beer Soda Distrib., 301 AD2d 381). Accordingly, that branch of the appellants' motion which was for summary judgment in action No. 3 was properly denied ( see Bodner v Greenwald, 296 AD2d 564).