Dinham v. Wagner
Opinion of the Court
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered October 6, 2006, which, upon reargument of a prior order, granted the Kim defendants’ motion for summary judgment dismissing the complaint against them, unanimously affirmed, without costs. Appeals from orders, same court and Justice, entered August 4 and 31, 2006, unanimously dismissed, without costs, as superseded by appeal from the October 6 order.
Plaintiff, a passenger in a vehicle owned by defendant Wagner and driven by defendant Dinham, seeks damages for injuries sustained in an accident in which that vehicle collided at an intersection with a vehicle driven by defendant Choung-Mi Kim. It is undisputed that Kim had the traffic light in her favor at the intersection. It is well settled that “an operator who has the right of way is entitled to anticipate that other vehicles will
We have considered plaintiffs remaining arguments and find them unavailing. Concur—Tom, J.P., Saxe, Friedman, Gonzalez and McGuire, JJ.
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