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YASINOSKY v. LENIO

Appellate Division of the Supreme Court of New York, Second Department.
Apr 18, 2006
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Ordered that the judgment is affirmed, with costs.

The defendant made a prima facie showing of negligence by the plaintiff based on the deposition testimony of the parties that the motor vehicle accident occurred when the plaintiff exited a driveway and made an unexpected left turn across the defendant's lane of travel in violation of Vehicle and Traffic Law ยง 1143 ( see Ferrara v. Castro, 283 AD2d 392). In opposition, the plaintiff failed to raise a triable issue of fact. He merely alleged, unsupported by any competent evidence, that the defendant somehow contributed to the cause of the accident ( see Ferrara v. Castro, supra; Rak v. Kossakowski, 24 AD3d 1191). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment and dismissed the complaint.