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MONIKA J. DISHER, et al., respondents, v. ERIC S. AHERN, et al., appellants.

ORDERED that the order is affirmed, with costs.

The plaintiffs demonstrated prima facie that the defendant Eric S. Ahern was negligent as a matter of law for proceeding into an intersection governed by a stop sign without yielding to the vehicle operated by the plaintiff Monika J. Disher, which had the right of way (see Wolfson v. Milillo, 262 A.D.2d 636, 637; Ponticello v. Wilhelm, 249 A.D.2d 459). In opposition, the defendants failed to demonstrate the existence of any triable issue of fact (see Gilbert Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966, 968; Agin v. Rehfeldt, 284 A.D.2d 352; Cascio v. Scigiano, 262 A.D.2d 264; Bolta v. Lohan, 242 A.D.2d 356; Nunziata v. Birchell, 238 A.D.2d 555).

Accordingly, the Supreme Court properly granted partial summary judgment on the issue of liability to the plaintiffs, and properly dismissed the defendants' counterclaims against Monika J. Disher and second affirmative defense alleging comparative negligence (see Wolfson v. Milillo, supra; Ponticello v. Wilhelm, supra).

RITTER, J.P., FEUERSTEIN, GOLDSTEIN and COZIER, JJ., concur.

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DISHER v. AHERN
(May 13, 2002)