Opinion
June 27, 1988
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the order is affirmed, with costs.
These four actions arise from a collision between a moped operated by Donna Kull and an automobile operated by Richard Horton at the intersection of Pequash Avenue and Fleetwood Road in the Town of Southold on July 31, 1983. The appellants own a corner lot abutting the intersection where the accident occurred. Donna Kull and Richard Horton claim that they were unable to see each other in time to avoid the accident because of overgrown trees and bushes on the appellants' property.
Summary judgment was properly denied to the appellants. Triable issues of fact exist. Contrary to the appellants' assertions, violation of an ordinance of local government is some evidence of negligence where the injury is a consequence against which the ordinance was intended to protect (see, Long v Forest-Fehlhaber, 55 N.Y.2d 154, 160, rearg denied 56 N.Y.2d 805; O'Leary v American Airlines, 100 A.D.2d 959). Mollen, P.J., Lawrence, Weinstein and Balletta, JJ., concur.