Opinion
5898 Index 305754/12
06-05-2018
Mauro Lilling Naparty, LLP, Woodbury (Seth M. Weinberg of counsel), for appellants. Kelner and Kelner, New York (Gail S. Kelner of counsel), for respondent.
Mauro Lilling Naparty, LLP, Woodbury (Seth M. Weinberg of counsel), for appellants.
Kelner and Kelner, New York (Gail S. Kelner of counsel), for respondent.
Friedman, J.P., Tom, Webber, Kern, JJ.
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered on or about August 4, 2017, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.
Plaintiff established his entitlement to judgment as a matter of law on the issue of liability. While traveling on a bicycle, plaintiff collided with the passenger side of defendants' northbound truck as it turned left into plaintiff's path at the intersection of St. Nicholas Avenue and 155th Street in New York County. Plaintiff submitted evidence showing that defendant was negligent by making a left turn without ensuring that it was safe to do so (see Vehicle and Traffic Law § 1141 ; Abboud v. Pawelec , 141 A.D.3d 438, 33 N.Y.S.3d 901 [1st Dept. 2016] ).
Moreover, plaintiff is not required to demonstrate the absence of his own comparative fault to obtain partial summary judgment on defendant's liability ( Rodriguez v. City of New York , 31 N.Y.3d 312, 76 N.Y.S.3d 898, 101 N.E.3d 366, 2018 N.Y. Slip Op. 02287, 2018 WL 1595658 [2018] ). Accordingly, plaintiff was entitled to summary judgment on the issue of liability.
The Decision and Order of this Court entered herein on March 6, 2018 is hereby recalled and vacated (see M–1757 decided simultaneously herewith).