Walker v. Dartmouth Plan Leasing Corp.

• Decision Date: 20 February 1992
• Citation: 180 A.D.2d 952,580 N.Y.S.2d 535
• Parties: John C. WALKER et al., Respondents, v. DARTMOUTH PLAN LEASING CORPORATION et al., Appellants.
• Court: New York Supreme Court — Appellate Division

Page 535

580 N.Y.S.2d 535

180 A.D.2d 952

John C. WALKER et al., Respondents, v. DARTMOUTH PLAN LEASING CORPORATION et al., Appellants.

Supreme Court, Appellate Division Third Department.

Feb. 20, 1992.

Kornfeld, Rew, Newman & Ellsworth (William S. Badura, of counsel), Suffern, for appellants.

Arnold Becker, New City, for respondents.

Before MIKOLL, J.P., and YESAWICH, MERCURE, CREW and MAHONEY, JJ.

MERCURE, Justice.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Stolarik, J.), entered December 3 1990 in Rockland County, which granted plaintiffs' motion for summary judgment on the issue of liability.

Plaintiffs brought this action to recover for damages sustained as the result of a collision between a vehicle operated by plaintiff John C. Walker and one operated by defendant Anthony B. Soldano. Plaintiffs moved for summary judgment on the issue of liability. Supreme Court granted the motion and defendants appeal.

The undisputed proof shows the accident to have taken place in the following manner. Walker was stopped at a traffic light in the most southerly eastbound lane of State Route 59 in the Town of Clarkstown, Rockland County. To his right was the four-lane access road to the Nanuet Mall. To his left, beyond another eastbound lane, a lane for eastbound traffic turning left and two westbound lanes of Route 59, was the four-lane access road to the Rockland Plaza. Although the access roads to the two shopping centers were perpendicular to Route 59 and directly opposite one another, thereby giving the appearance of a traditional four-way through intersection, signal lights, signs, pavement markings and curbing directed all traffic exiting either shopping center to turn right onto Route 59 and not to cross Route 59 into the other shopping center. The accident took place when Soldano drove his vehicle southbound out of the Rockland Plaza and directly across Route 59 toward the access road to the Nanuet Mall. In the meantime, Walker's traffic light turned green and he and the vehicle in the lane directly to his left began to proceed east on Route 59. By the time Walker drove approximately 10 feet, Soldano's vehicle had crossed into his lane, and Walker drove into the right rear portion of Soldano's vehicle.

In our view, although this evidence clearly establishes that Soldano proceeded straight through the intersection rather than "mak[ing] the movement indicated by [the right-hand green] arrow" (Vehicle and Traffic Law § 1111[a][2], a factual issue remains as to the extent, if any, of Walker's comparative fault. "Even though [Walker] was authorized to proceed in the face of the green light [see, Vehicle and Traffic Law § 1111(a)(1) ], if he observed [...