YUSUPOV v. LUGO

ORDERED that the order is affirmed, without costs or disbursements.

The plaintiff established his prima facie entitlement to summary judgment on the issue of liability by presenting undisputed proof that the defendants' vehicle proceeded into an intersection, which was controlled by a stop sign, and failed to yield the right-of-way to his approaching vehicle in violation of Vehicle and Traffic Law § 1142(a) (see Botero v. Erraez, 289 A.D.2d 274, 275; Ponticello v. Wilhelm, 249 A.D.2d 459; Dellavecchia v. Zorros, 231 A.D.2d 549). In response to that showing, the defendants failed to establish the existence of a triable issue of fact (see Szczotka v. Adler, 291 A.D.2d 444; cf. Breslin v. Rudden, 291 A.D.2d 471, 472; Le Claire v. Pratt, 270 A.D.2d 612).

Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment on the issue of liability.

SANTUCCI, J.P., FEUERSTEIN, McGINITY and SCHMIDT, JJ., concur.