Morin v. Leonette
Opinion of the Court
Ordered that the order is affirmed, with costs.
The defendants failed to establish their entitlement to judgment as a matter of law. The evidence submitted on their motion, which included the deposition testimony of the parties involved in the collision, did not establish that the third-party defendant, who was driving the plaintiffs car at the time of the collision, failed to yield the right-of-way to the defendant driver (see Vehicle and Traffic Law § 1142 [a]; see also Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]; cf. Ishak v Guzman, 12 AD3d 409 [2004]). Accordingly, we need not address the sufficiency of the plaintiffs opposition papers (see Coscia v 938 Trading Corp., 283 AD2d 538 [2001]). Adams, J.P., Luciano, Mastro and Skelos, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.