FASSBENDER v. CONREY

It is uncontroverted that defendant Fassbender was struck from behind by a vehicle driven by Kenneth W. Conrey. The accident occurred when Fassbender stopped at a yield sign so as to permit a police vehicle to pass. Fassbender's conduct in stopping was in all respects proper (see, Mascitti v. Greene, 250 A.D.2d 821; DiPaola v. Brenner, 239 A.D.2d 459). Fassbender has thus demonstrated that she was free of negligence as a matter of law and summary judgment in her favor should have been granted.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.