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WILLIS v. FINK

7 A.D.3d 519 (2004)

775 N.Y.S.2d 587

SHA-RALL WILLIS ET AL., Respondents, v. JOHN C. FINK, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 3, 2004.

Ordered that the order is affirmed, with costs.

The plaintiffs established their entitlement to judgment as a matter of law on the issue of liability by demonstrating that the defendant, who either failed to stop at a stop sign or, upon stopping, failed to yield the right of way to the plaintiffs' vehicle, was the sole proximate cause of the accident (see Vehicle and Traffic Law § 1142; Szczotka v Adler,

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