Opinion
2003-06851.
Decided May 3, 2004.
In an action, inter alia, to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Grays, J.), dated June 13, 2003, which granted the plaintiffs' motion for summary judgment on the issue of liability.
Agen Stenz, Westbury, N.Y. (Stuart M. Kurland of counsel), for appellant.
Ornstein Ornstein, P.C., Brooklyn, N.Y. (Stuart R. Lang of counsel), for respondents.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiffs established their entitlement to judgment as a matter of law on the issue of liability by demonstrating that the defendant, who either failed to stop at a stop sign or, upon stopping, failed to yield the right of way to the plaintiffs' vehicle, was the sole proximate cause of the accident ( see Vehicle and Traffic Law § 1142; Szczotka v. Adler, 291 A.D.2d 444; McClelland v. Seery, 261 A.D.2d 451; Gravina v. Wakschal, 255 A.D.2d 291; Maxwell v. Land-Saunders, 233 A.D.2d 303). In opposition, the defendant failed to submit evidence sufficient to raise a triable issue of fact ( see Lupowitz v. Fogarty, 295 A.D.2d 576; Bolta v. Lohan, 242 A.D.2d 356).
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.