GREEN v. MOWER (2003)

Court of Appeals of New York.

Catherine GREEN, as Administratrix of the Estate of Robert Green, Sr., Also Known as Robert L. Green, Sr., Deceased, Appellant, v. Stephanie MOWER et al., Respondents.

Decided: May 08, 2003

Finkelstein & Partners, Newburgh (George A. Kohl, 2nd, of counsel), for appellant. Hite, Savitt, O'Donnell & Beaumont, P.C., Albany (John H. Beaumont of counsel), for respondents.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed, with costs. The Appellate Division correctly determined that, as a matter of law, decedent's failure to yield the right of way was the sole proximate cause of the accident. Thus, the Court properly granted defendants summary judgment dismissing the complaint (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718 [1980] ).

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

MEMORANDUM.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

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