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CONCETTA R. PARISI, ET AL., APPELLANTS, v. NICHOLAS MITCHELL, RESPONDENT.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment. The evidence establishes that the plaintiff Concetta R. Parisi was negligent as a matter of law when she failed to yield the right-of-way to the defendant (see, Cenovski v. Lee, 266 A.D.2d 424). The defendant, who had the right-of-way, was entitled to anticipate that Ms. Parisi would obey traffic laws which required her to yield (see, Cenovski v. Lee, supra). The plaintiffs' mere speculation that the defendant may have failed to act properly is insufficient to defeat the motion (see, Goff v. Goudreau, 222 A.D.2d 650).

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PARISI v. MITCHELL
(Feb 20, 2001)