PACKER v. MIRASOLA (1998)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Durante, J.), dated December 1, 1997, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly dismissed the complaint in this action, which arose from an automobile accident at an intersection.   By turning right at a red light where a “No Turn On Red” sign was present, the plaintiff driver violated § 1111(d) of the Vehicle and Traffic Law and thus was negligent as a matter of law (see, Bolta v. Lohan, 242 A.D.2d 356, 661 N.Y.S.2d 286;  Maxwell v. Land-Saunders, 233 A.D.2d 303, 649 N.Y.S.2d 809;  Gamar v. Gamar, 114 A.D.2d 487, 488, 494 N.Y.S.2d 402).   Furthermore, the plaintiffs failed to demonstrate the existence of any genuine issues of material fact as to whether the defendant was comparatively negligent or that she could have done anything to avoid the impact between the two vehicles (see, Wilke v. Price, 221 A.D.2d 846, 847, 633 N.Y.S.2d 686).   Accordingly, the defendant was entitled to summary judgment (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 427 N.Y.S.2d 595, 404 N.E.2d 718;  Delasoudas v. Koudellou, 236 A.D.2d 581, 654 N.Y.S.2d 659).

MEMORANDUM BY THE COURT.