EICHMAN v. BAKER (2014)

Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered November 14, 2013, which, insofar as appealed from as limited by the briefs, granted defendant Jason Baker's motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

Defendant Baker established prima facie his freedom from liability for any injuries suffered by plaintiff as a result of the collision of his vehicle with the taxi in which plaintiff was a passenger. The record shows that Baker was making a permitted left turn from the middle lane of a roadway when the taxi driver, defendant Lebron, proceeded straight ahead in the left lane, in violation of traffic signs and pavement markings requiring him to turn left. Plaintiff's speculation that Baker may have contributed to, and been able to avoid, the accident is insufficient to raise an issue of fact (see Flores v. City of New York, 66 AD3d 599 [1st Dept 2009] ). Nor does Lebron's inability to recall whether his lane was controlled by traffic signals raise any issue of fact.