Appellate Division of the Supreme Court of New York, 2012

Azeem v. Cava

Appellate Division of the Supreme Court of New York · Decided February 21, 2012

92 A.D.3d 821; 938 N.Y.2d 817

Cases that cite this one

11 later published cases cite this decision.

Iris v. Greene (Appellate Division of the Supreme Court of New York 2014)
Iris v. Greene (Appellate Division of the Supreme Court of New York 2014)
Chou v. Ocean Ambulette Service, Inc. (Appellate Division of the Supreme Court of New York 2015)
PISCITELLO, MICHAEL A. v. FORTRESS TRUCKING LTD (Appellate Division of the Supreme Court of New York 2014)
Batties v. City of New York (Appellate Division of the Supreme Court of New York 2014)
Batties v. City of New York (Appellate Division of the Supreme Court of New York 2014)
Piscitello v. Fortress Trucking, Ltd. (Appellate Division of the Supreme Court of New York 2014)
Piscitello v. Fortress Trucking, Ltd. (Appellate Division of the Supreme Court of New York 2014)
Pieper v. Hussein (Appellate Division of the Supreme Court of New York 2013)
Pieper v. Hussein (Appellate Division of the Supreme Court of New York 2013)
Buchinger v. Jazz Leasing Corp. (Appellate Division of the Supreme Court of New York 2012)

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

The plaintiff pedestrian was crossing the street in a crosswalk with the traffic light in her favor when she was struck by the defendant’s vehicle as it was making a left turn. The plaintiff made a prima facie showing of her entitlement to judgment as a matter of law by submitting evidence that the defendant failed to yield the right-of-way in violation of Vehicle and Traffic Law § 1112 (a), and that she looked for approaching traffic before she began to cross the street and was free from comparative fault (see Martinez v Kreychmar, 84 AD3d 1037, 1038 [2011]; Lariviere v New York City Tr. Auth., 82 AD3d 1165, 1166 [2011]; Rosenblatt v Venizelos, 49 AD3d 519, 520 [2008]). However, in opposition to the motion, the defendant raised a triable issue of fact as to whether the plaintiff was comparatively at fault (see Thoma v Ronai, 82 NY2d 736, 737 [1993]; Yi Min Feng v Jin Won Oh, 71 AD3d 879, 880 [2010]).

Accordingly, the Supreme Court properly denied the plaintiffs motion for summary judgment on the issue of liability. Rivera, J.E, Eng, Hall and Sgroi, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.