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ALCIDE SALCE et al., Respondents, v. JACQUES H. CHECK, Appellant.

Ordered that the order is affirmed, with costs.

The defendant violated Vehicle and Traffic Law § 1141 when he entered an intersection, attempted a left turn, and, upon seeing the headlight of the injured plaintiff's motorcycle, stopped in the intersection with his truck partially blocking the oncoming traffic lane. This violation constituted negligence as a matter of law and could not be disregarded by the jury ( see Klein v. Byalik, 1 AD3d 399; Batal v. Associated Univs., 293 AD2d 558, 559; Botero v. Erraez, 289 AD2d 274, 275; Dellavecchia v. Zorros, 231 AD2d 549). The injured plaintiff, as the driver with the right-of-way, was entitled to anticipate that the defendant would obey traffic laws which required him to yield ( see Klein v. Byalik, supra at 400; Batal v. Associated Univs., supra).

On these facts, no fair interpretation of the evidence could have resulted in a verdict that the defendant was not negligent ( see Rossani v. Rana, 8 AD3d 548, 549; Batal v. Associated Univs., supra). Accordingly, the Supreme Court properly granted the plaintiffs' motion to set aside the jury verdict as against the weight of the evidence and for a new trial ( see CPLR 4404 [a]; Batal v. Associated Univs., supra).

The remaining contentions of the parties need not be reached in light of our determination.

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SALCE v. CHECK
(Nov 14, 2005)