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SAMSON ODUMBO, Respondent, v. GAMAGE D. PERERA, Appellant.

Ordered that the order is affirmed, with costs.

The plaintiff established his prima facie entitlement to judgment as a matter of law on the issue of liability by demonstrating that the defendant, who either failed to stop at a stop sign or, upon stopping, failed to yield the right of way to the plaintiff's vehicle, was the sole proximate cause of the accident ( see Vehicle and Traffic Law § 1142 [a]; Bongiovi v. Hoffman, 18 AD3d 686, 687; Willis v. Fink, 7 AD3d 519, 520; cf. Rossani v. Rana, 8 AD3d 548, 549). In opposition, the defendant failed to submit evidence sufficient to raise a triable issue of fact ( see Bongiovi v. Hoffman, supra; Breslin v. Rudden, 291 AD2d 471, 472; Bolta v. Lohan, 242 AD2d 356).

Accordingly, the Supreme Court properly granted the motion for summary judgment.

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ODUMBO v. PERERA
(Mar 28, 2006)