MIRANDA v. DREAM DRIVE LLC (2023)

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered December 12, 2022, which granted defendants’ motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

Defendants established prima facie that the collision between their vehicle and plaintiff's vehicle was caused by plaintiff's failure to yield the right of way to defendant's vehicle at the intersection (see Vehicle and Traffic Law § 1142(a);  Samnath v. Lifespire Servs., Inc., 204 A.D.3d 554, 554, 164 N.Y.S.3d 820 [1st Dept. 2022];  Rivera v. Haywood, 189 A.D.3d 649, 649–650, 134 N.Y.S.3d 702 [1st Dept. 2020]).

In opposition, plaintiff failed to raise an issue of fact as to negligence on his part.  Plaintiff averred that he had stopped at the stop sign and looked before entering the intersection but did not provide a nonnegligent explanation for failing to yield the right of way to defendants’ vehicle (Rivera, 189 A.D.3d at 650, 134 N.Y.S.3d 702).  Plaintiff's speculation that defendant driver could have been speeding or distracted was insufficient to defeat defendants’ summary judgment motion (see Estate of Bachman v. Hong, 169 A.D.3d 436, 437, 92 N.Y.S.3d 281 [1st Dept. 2019]).