Opinion
April 20, 1998
Appeal from the Supreme Court, Nassau County (McCarty, J.)
Ordered that the order is reversed, on the law, with costs, the motion and the cross motion are granted, the counterclaim is dismissed, and the matter is remitted to the Supreme Court, Nassau County, for a trial on the issue of damages.
The undisputed evidence in the record that the defendants' approach to the intersection where the subject accident occurred was controlled by a stop sign, and that the plaintiffs had the right of way, establishes that the defendant Wilma Wilhelm violated Vehicle and Traffic Law § 1142 (a) by failing to yield to the plaintiffs' approaching vehicle ( see, Mohamed v. Frische, 223 A.D.2d 628). The plaintiffs have thus made out a prima facie case that the accident and resulting injuries to the plaintiffs were caused by Wilhelm's negligence.
The evidence submitted by the defendants fails to raise a triable issue of fact ( see, CPLR 3212 [b]) with regard to the issue of liability.
O'Brien, J.P., Thompson, Friedmann and Goldstein, JJ., concur.