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BROWNE v. SMITH

2008-01388.

2009 NY Slip Op 06393

JO ANN P. BROWNE, ET AL., respondents, v. CHARLES SMITH, ET AL., appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 8, 2009.

Attorney(s) appearing for the Case

Sciretta & Venterina, LLP, Staten Island, N.Y. (Marilyn Venterina of counsel), for appellants.

Forchelli, Curto, Crowe, Deegan, Schwartz, Mineo & Cohn, LLP, Mineola, N.Y. (Donald Jay Schwartz and Brian Isaac of counsel), for respondents.

Before: Robert A. Spolzino, J.P., Mark C. Dillon, Anita R. Florio, Ariel E. Belen, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The defendants demonstrated their prima facie entitlement to judgment as a matter of law on the issue of liability by establishing that the plaintiff driver's vehicle proceeded into an intersection controlled by a stop sign without yielding the right of way to an approaching vehicle (see Vehicle and Traffic Law § 1142[a]; Mateiasevici v Daccordo,...

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