Opinion
June 22, 1998
Appeal from the Supreme Court, Kings County (Rappaport, J.).
Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion is granted.
In moving for partial summary judgment, the plaintiff established that the defendant, after bringing his vehicle to a stop at a stop sign at the intersection of East 10th Street and Avenue L in Brooklyn, proceeded into the intersection and collided with the plaintiffs oncoming vehicle, which had the right of way. The plaintiff thus demonstrated a prima facie entitlement to judgment as a matter of law (see, Vehicle and Traffic Law § 1142 Veh. Traf. [a]; Bolta v. Lohan, 242 A.D.2d 356; Maxwell v. Land-Saunders, 233 A.D.2d 303). The defendant's evidence in opposition to the motion was insufficient to raise a triable issue of fact (see, Bolta v. Lohan, supra; Maxwell v. Land-Saunders, supra; Dellavecchia v. Zorros, 231 A.D.2d 549; Wilke v. Price, 221 A.D.2d 846), and the Supreme Court erred in denying the plaintiff's motion (see generally, Zuckerman v. City of New York, 49 N.Y.2d 557, 562).
Rosenblatt, J. P., Copertino, Goldstein and Luciano, JJ., concur.