Attl v. Spetler

• Decision Date: 30 March 2016
• Citation: 137 A.D.3d 1176,28 N.Y.S.3d 699
• Parties: Margo ATTL, appellant, v. Glenda R. SPETLER, et al., respondents.
• Court: New York Supreme Court — Appellate Division

137 A.D.3d 1176
28 N.Y.S.3d 699

Margo ATTL, appellant,
v.
Glenda R. SPETLER, et al., respondents.

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

March 30, 2016.

28 N.Y.S.3d 699

Wingate, Russotti, Shapiro & Halperin, LLP, New York, N.Y. (Joseph P. Stoduto of counsel), for appellant.

Kay & Gray (Russo, Apoznanski & Tambasco, Melville, N.Y. [Susan J. Mitola and Gerard Ferrara], of counsel), for respondents.

JOHN M. LEVENTHAL, J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, and COLLEEN D. DUFFY, JJ.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Minardo, J.), dated September 17, 2015, which denied her motion, inter alia, for summary judgment on the issue of liability.

ORDERED that the order is reversed, on the law, with costs, and the plaintiff's motion, inter alia, for summary judgment on the issue of liability is granted.

The plaintiff was driving her vehicle into an intersection with the traffic light in her favor when the defendants' vehicle, which

28 N.Y.S.3d 700

was traveling in the opposite lane of traffic, made a left turn directly into the path of her vehicle. As a result of the impact, the plaintiff allegedly sustained personal injuries and commenced this action against the defendant. The plaintiff moved, inter alia, for summary judgment on the issue of liability. The Supreme Court denied the motion. We reverse.

Pursuant to Vehicle and Traffic Law § 1141, the operator of a vehicle intending to turn left within an intersection must yield the right-of-way to any oncoming vehicle which is within the intersection or so close to it as to constitute an immediate hazard (see Foley v. Santucci, 135 A.D.3d 813, 23 N.Y.S.3d 338 ; Ildong Yeo v. Spa Castle, Inc., 131 A.D.3d 1120, 1120–1121, 16 N.Y.S.3d 599 ). The operator of an oncoming vehicle with the right-of-way is entitled to assume that the opposing operator will yield in compliance with the...