MILLUS v. MILFORD (2001)

Supreme Court, Appellate Division, Second Department, New York.

Alande MILLUS, et al., Appellants, v. Joseph N. MILFORD, et al., Respondents.

Decided: December 31, 2001

DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, and STEPHEN G. CRANE, JJ.

Kagan & Gertel, Brooklyn, N.Y. (Irving Gertel of counsel), for appellants. Norman Volk & Associates, P.C., New York, N.Y. (Michael I. Josephs of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated June 19, 2001, which denied their motion for summary judgment on the issue of liability.

ORDERED that the order is affirmed, with costs.

In support of their motion for summary judgment, the plaintiffs submitted the examination before trial of the defendant Joseph N. Milford, wherein he stated that a school bus driven by the plaintiff Alande Millus hit the side of his vehicle while Milford was attempting to execute a right turn onto Christopher Street from the extreme left lane of Seventh Avenue South. Although it appears that Milford violated Vehicle and Traffic Law § 1160(a), the plaintiff driver failed to establish as a matter of law his freedom from comparative negligence (see, King v. Washburn, 273 A.D.2d 725, 710 N.Y.S.2d 185).

Accordingly, summary judgment was properly denied.

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