Shvydkaya v. Park Ave. BMW Acura Motor Corp.
| Decision Date | 15 May 2019 |
| Docket Number | 2017–05716,Index No. 4006/15 |
| Citation | 100 N.Y.S.3d 320,172 A.D.3d 1130 |
| Parties | Svetlana SHVYDKAYA, Respondent, v. PARK AVENUE BMW ACURA MOTOR CORP., et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
172 A.D.3d 1130
100 N.Y.S.3d 320
Svetlana SHVYDKAYA, Respondent,
v.
PARK AVENUE BMW ACURA MOTOR CORP., et al., Appellants.
2017–05716
Index No. 4006/15
Supreme Court, Appellate Division, Second Department, New York.
Argued—February 11, 2019
May 15, 2019
Martin, Fallon & Mulle´, Huntington, N.Y. (Richard C. Mulle, East Setauket, of counsel), for appellants.
Thomas D. Wilson, P.C., Brooklyn, NY, for respondent.
ALAN D. SCHEINKMAN, P.J., RUTH C. BALKIN, ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, JJ.
DECISION & ORDER
ORDERED that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.
The plaintiff allegedly was injured when the automobile she was driving came into contact with an automobile owned by the defendant Park Avenue BMW Acura Motor Corp. and driven by the defendant Justin Dolcy. The collision occurred at the intersection of Avenue O and East 58th Street in Brooklyn. The plaintiff subsequently commenced this action to recover damages for personal injuries. Thereafter, the defendants moved for summary judgment dismissing the complaint, arguing that the plaintiff violated Vehicle and Traffic Law § 1142(a) and that the plaintiff's negligence was the sole proximate cause of the subject accident, and that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of that accident. The Supreme Court denied the defendants' motion. The defendants appeal. We reverse.
Pursuant to Vehicle and Traffic Law § 1142(a), a driver entering an intersection controlled by a stop sign must yield the right-of-way to any other vehicle that is already in the intersection or that is approaching so closely as to constitute an immediate hazard. As a general matter, a driver who fails to yield the right-of-way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142(a) and is negligent as a matter of law (see Breen v. Seibert, 123 A.D.3d 963, 964, 999 N.Y.S.2d 176 ; Derosario v. Gill, 118 A.D.3d 739, 739, 987 N.Y.S.2d 225 ; Maliza v. Puerto–Rican Transp. Corp., 50 A.D.3d 650, 651, 854 N.Y.S.2d 763 ; Gergis v. Miccio, 39 A.D.3d 468, 468, 834 N.Y.S.2d 253 ). Further, a driver is negligent where he or she fails to see that which through the...
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