Kotzias v. Panagiotis
Cases that cite this one
7 later published cases cite this decision.
- Zuleta v. Quijada (Appellate Division of the Supreme Court of New York 2012)
- Katikireddy v. Espinal (Appellate Division of the Supreme Court of New York 2016)
- Crowe v. Hanley (Appellate Division of the Supreme Court of New York 2014)
- Joaquin v. Franco (Appellate Division of the Supreme Court of New York 2014)
- Joaquin v. Franco (Appellate Division of the Supreme Court of New York 2014)
- Harris v. Linares (Appellate Division of the Supreme Court of New York 2013)
- Harris v. Linares (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In support of his motion for summary judgment, the defendant made a prima facie showing of his entitlement to judgment as a matter of law by presenting evidence that he approached and entered the intersection with the right-of-way, and that the plaintiff violated Vehicle and Traffic Law § 1142 (a) by failing to yield the right-of-way, which constituted negligence as a matter of law (see Thompson v Schmitt, 74 AD3d 789 [2010]; McCain v Larosa, 41 AD3d 792, 793 [2007]; Gergis v Miccio, 39 AD3d 468 [2007]), and resulted in the subject accident. Inasmuch as the defendant had the right-of-way, he was entitled to anticipate that the plaintiff would obey traffic laws which required the plaintiff to yield (see Yelder v Walters, 64 AD3d 762, 764 [2009]; Thompson v Schmitt, 74 AD3d at 790; Klein v Crespo, 50 AD3d 745, 745-746 [2008]). In opposition, the plaintiff failed to raise a triable issue of fact.
Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. Mastro, A.EJ., Balkin, Chambers and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.