Bicyclist’s Failure to Yield Right of Way Results in Summary Judgment for Defendant Driver

Bajada v. Spector, 2014 NY Slip Op 05143 (App. Div. 2nd Dept. July 9, 2014):

The defendant established his prima facie entitlement to judgment as a matter of law on the issue of liability by demonstrating that the infant’s negligent operation of his bicycle in failing to yield the right-of-way was the sole proximate cause of the accident (see Vehicle and Traffic Law §§ 1231, 1142[a]; 1172[a]; Zuleta v Quijada, 94 AD3d 876Dimou v Iatauro, 72 AD3d 732Thoresz v Vallone, 70 AD3d 1031). In opposition, the plaintiff failed to raise a triable issue of fact. The defendant was entitled to anticipate that the infant would obey the traffic law and yield the right-of-way.

Therefore, the Second Department reversed the denial of defendant’s motion for summary judgment.

For you bicyclists: be careful out there.

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