Opinion
Submitted February 21, 2001.
April 2, 2001.
In an action to recover damages for personal injuries, the defendants Stephen M. Faughnan and Union County Florist Supply appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), entered April 25, 2000, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them and granted that branch of the plaintiff's cross motion which was for summary judgment against them on the issue of liability.
O'Connor O'Connor, LLP, White Plains, N.Y. (Denise O'Connor of counsel), for appellants.
Lucchese, D'Ammora Haag, LLP, White Plains, N.Y. (Victor J. D'Ammora of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant Robert L. Norman was driving on Gramatan Avenue in Mount Vernon when his vehicle collided with a van making a left turn at the intersection with Lincoln Avenue. The van was operated by the appellant Stephen M. Faughnan and owned by the appellant Union County Florist Supply. As a result of the collision, Norman's car was propelled into the air and landed on a sidewalk, injuring the plaintiff, a pedestrian.
The Supreme Court properly denied the appellants' motion for summary judgment, as they failed to meet their burden of establishing prima facie that they were not negligent. Further, the Supreme Court properly granted the plaintiff's cross motion for summary judgment against the appellants on the issue of liability. The evidence in the record established that Faughnan was negligent as a matter of law in making a left turn in front of Norman's oncoming vehicle (see, Smalley v. McCarthy, 254 A.D.2d 478; Mattera v. AvisRent A Car System, 245 A.D.2d 274; Vehicle and Traffic Law § 1141). The evidence relied on by the appellants was insufficient to raise a triable issue of fact as to their lack of liability.