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DEMETRI v. MALLARI

Appellate Division of the Supreme Court of New York, Second Department.
Jun 10, 2002
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiffs established their entitlement to partial summary judgment on the issue of liability by submitting evidence that the defendant's vehicle crossed over the double yellow line on the road into oncoming traffic and struck the plaintiff Glenn Demetri's vehicle. In opposition to the motion, the defendant submitted only an attorney's affirmation which was insufficient to raise a triable issue of fact (see Browne v. Castillo, 288 A.D.2d 415; Caso v. Behme, 282 A.D.2d 493).

FEUERSTEIN, J.P., GOLDSTEIN, McGINITY and CRANE, JJ., concur.