Opinion
2012-04-10
John J. CUEVAS, respondent, v. Sharon CHAVEZ, appellant.
Rivkin Radler LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, and Merril S. Biscone of counsel), for appellant. Michael S. Lamonsoff, New York, N.Y. (Stacey Haskel of counsel), for respondent.
Rivkin Radler LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, and Merril S. Biscone of counsel), for appellant. Michael S. Lamonsoff, New York, N.Y. (Stacey Haskel of counsel), for respondent.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (McDonald, J.), dated March 23, 2011, which granted the plaintiff's motion for summary judgment on the issue of liability.
ORDERED that the order is affirmed, with costs.
The plaintiff established his prima facie entitlement to judgment as a matter of law on the issue of liability by demonstrating that the defendant driver, in violation of Vehicle and Traffic Law § 1112(a), failed to yield the right-of-way to him, as he was crossing the street within the crosswalk with the pedestrian “WALK” signal in his favor, and that he was free from comparative fault ( see Arazashvilli v. Executive Fleet Mgt., Corp., 90 A.D.3d 682, 934 N.Y.S.2d 341; Qamar v. Kanarek, 82 A.D.3d 860, 918 N.Y.S.2d 360; Klee v. Americas Best Bottling Co., Inc., 60 A.D.3d 911, 875 N.Y.S.2d 270; Sulaiman v. Thomas, 54 A.D.3d 751, 863 N.Y.S.2d 723; Voskin v. Lemel, 52 A.D.3d 503, 859 N.Y.S.2d 489; cf. Thoma v. Ronai, 82 N.Y.2d 736, 602 N.Y.S.2d 323, 621 N.E.2d 690; Roman v. A1 Limousine, Inc., 76 A.D.3d 552, 907 N.Y.S.2d 251). In opposition, the defendant failed to raise a triable issue of fact ( see Benedikt v. Certified Lbr. Corp., 60 A.D.3d 798, 875 N.Y.S.2d 526; Sulaiman v. Thomas, 54 A.D.3d 751, 863 N.Y.S.2d 723; Rosenblatt v. Venizelos, 49 A.D.3d 519, 853 N.Y.S.2d 578), and failed to demonstrate that further discovery was warranted ( see Arazashvilli v. Executive Fleet Mgt., Corp., 90 A.D.3d 682, 934 N.Y.S.2d 341; Martinez v. Kreychmar, 84 A.D.3d 1037, 923 N.Y.S.2d 648; Benedikt v. Certified Lbr. Corp., 60 A.D.3d 798, 875 N.Y.S.2d 526; Lopez v. WS Distrib., Inc., 34 A.D.3d 759, 760, 825 N.Y.S.2d 516).
*890 Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment on the issue of liability.