Opinion
2001-09142
Argued June 18, 2002
July 30, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated September 25, 2001, which denied their motion for partial summary judgment on the issue of liability.
Kagan Gertel, Brooklyn, N.Y. (Irving Gertel of counsel), for appellants.
Robert P. Tusa (Sweetbaum Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum] of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiffs established that the defendant failed to yield the right of way to the motor vehicle operated by the injured plaintiff, and made out a prima facie case that the accident resulted from the defendant's negligence (see Vehicle and Traffic Law § 1142[a]; Maxwell v. Land-Saunders, 233 A.D.2d 303). However, in opposition, the defendant raised issues of fact as to the injured plaintiff's comparative negligence (see King v. Washburn, 273 A.D.2d 725; Patti v. Fenimore, 181 A.D.2d 869; cf. McClelland v. Seery, 261 A.D.2d 451; Gravina v. Wakschal, 255 A.D.2d 291; Snow v. Howe, 253 A.D.2d 870). Therefore, the plaintiffs' motion for partial summary judgment on the issue of liability was properly denied.
RITTER, J.P., FEUERSTEIN, ADAMS and RIVERA, JJ., concur.