WILLIS v. FINK

Appellate Division of the Supreme Court of New York, Second Department.

May 3, 2004

Judgment

CaseIQ

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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiffs established their 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 plaintiffs' vehicle, was the sole proximate cause of the accident ( see Vehicle and Traffic Law § 1142; Szczotka v. Adler, 291 A.D.2d 444; McClelland v. Seery, 261 A.D.2d 451; Gravina v. Wakschal, 255 A.D.2d 291; Maxwell v. Land-Saunders, 233 A.D.2d 303). In opposition, the defendant failed to submit evidence sufficient to raise a triable issue of fact ( see Lupowitz v. Fogarty, 295 A.D.2d 576; Bolta v. Lohan, 242 A.D.2d 356).

PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.