RACHELLE MALBORY PLAINTIFF v. DAVID CHEVROLET BUICK PONTIAC INC CHRISTEN SMITH DEFENDANTS APPELLANTS AND MATTIE MALBORY DEFENDANT RESPONDENT

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

RACHELLE MALBORY, PLAINTIFF, v. DAVID CHEVROLET BUICK PONTIAC, INC., CHRISTEN SMITH, DEFENDANTS–APPELLANTS, AND MATTIE MALBORY, DEFENDANT–RESPONDENT.

CA 12–02298

Decided: July 05, 2013

PRESENT:  SCUDDER, P.J., PERADOTTO, LINDLEY, AND SCONIERS, JJ. GOLDBERG SEGALLA LLP, BUFFALO (ARLOW M. LINTON OF COUNSEL), FOR DEFENDANTS–APPELLANTS. GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (ROBERT J. MULLINS, II, OF COUNSEL), FOR DEFENDANT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:  Plaintiff commenced this action seeking damages for injuries she sustained while she was a passenger in a vehicle driven by her mother, Mattie Malbory (defendant).   That vehicle was involved in a collision with a vehicle driven by defendant Christen Smith and owned by defendant David Chevrolet Buick Pontiac, Inc. (collectively, Smith defendants), who now appeal from an order granting defendant's motion for, inter alia, summary judgment dismissing the complaint and cross claims against her.   We affirm.   It is well settled that a driver who has the right-of-way is entitled to anticipate that drivers of other vehicles will obey the traffic laws requiring them to yield (see Liskiewicz v. Hameister, 104 AD3d 1194, 1194–1195).   Here, it is undisputed that the vehicle driven by defendant was traveling at a lawful rate of speed and had the right-of-way, and the Smith defendants failed to raise an issue of fact whether defendant had an opportunity to avoid the accident (see id. at 1195).

Frances E. Cafarell

Clerk of the Court