GERGIS v. MICCIO (2007)

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated July 5, 2006, which denied his motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

 A driver who fails to yield the right-of-way after stopping at a stop sign controlling traffic is in violation of Vehicle and Traffic Law § 1142(a) and is negligent as a matter of law (see Odumbo v. Perera, 27 A.D.3d 709, 813 N.Y.S.2d 462;  Friedberg v. Citiwide Auto Leasing, Inc., 22 A.D.3d 522, 523, 801 N.Y.S.2d 770;  McNamara v. Fishkowitz, 18 A.D.3d 721, 722, 795 N.Y.S.2d 714;  Nolan v. Mizrahi, 12 A.D.3d 430, 783 N.Y.S.2d 849;  Ishak v. Guzman, 12 A.D.3d 409, 784 N.Y.S.2d 600;  Meretskaya v. Logozzo, 2 A.D.3d 599, 769 N.Y.S.2d 580).   A driver is required to “see that which through proper use of [his or her] senses [he or she] should have seen” (Bongiovi v. Hoffman, 18 A.D.3d 686, 687, 795 N.Y.S.2d 354 [citation omitted];  see Bolta v. Lohan, 242 A.D.2d 356, 661 N.Y.S.2d 286), and a driver who has the right-of-way is entitled to anticipate that the other motorist will obey the traffic law requiring him or her to yield (see Platt v. Wolman, 29 A.D.3d 663, 816 N.Y.S.2d 121;  Dileo v. Barreca, 16 A.D.3d 366, 367-368, 793 N.Y.S.2d 53;  Morgan v. Hachmann, 9 A.D.3d 400, 780 N.Y.S.2d 33).

 The defendant established, prima facie, his entitlement to judgment as a matter of law by demonstrating that the plaintiff driver, who was faced with a stop sign at the intersection of a parking lot exit and Route 25, negligently entered the intersection without yielding the right-of-way, and that this was the sole proximate cause of the accident (see Vehicle and Traffic Law § 1142[a] ).   In opposition, the plaintiffs failed to submit evidence sufficient to raise a triable issue of fact (see Bongiovi v. Hoffman, supra;  Breslin v. Rudden, 291 A.D.2d 471, 472, 738 N.Y.S.2d 674).   Therefore, the defendant's motion for summary judgment dismissing the complaint should have been granted (see Laino v. Lucchese, 35 A.D.3d 672, 827 N.Y.S.2d 249;  Platt v. Wolman, supra;  Moore v. Bremer, 280 A.D.2d 729, 720 N.Y.S.2d 270).