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GREEN v. MOWER

100 N.Y.2d 529 (2003)

791 N.E.2d 394

761 N.Y.S.2d 137

CATHERINE GREEN, as Administratrix of the Estate of ROBERT GREEN, SR., Also Known as ROBERT L. GREEN, SR., Deceased, Appellant, v. STEPHANIE MOWER et al., Respondents.

Court of Appeals of the State of New York.

Decided May 8, 2003.

Attorney(s) appearing for the Case

Finkelstein & Partners, Newburgh (George A. Kohl, 2nd, of counsel), for appellant.

Hite, Savitt, O'Donnell & Beaumont, P.C., Albany (John H. Beaumont of counsel), for respondents.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. The Appellate Division correctly determined that, as a matter of law, decedent's failure to yield the right of way was the sole proximate cause of the accident. Thus, the Court properly granted defendants summary judgment dismissing the complaint (see Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]).

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