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VASQUEZ v. HERNANDEZ

44 A.D.3d 339 (2007)

841 N.Y.S.2d 874

HECTOR VASQUEZ, Respondent, v. PABLO HERNANDEZ, Defendant, and ARISTEDES RIVERA, Appellant.

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

Decided October 4, 2007.

The evidence submitted with Rivera's motion established that he had the right of way when defendant Hernandez made a left-hand turn in front of his vehicle. Since plaintiff offered no competent evidence of Rivera's negligence for the occurrence of the accident, summary judgment should have been granted, dismissing the complaint against that defendant (see Murchison v Incognoli, 5 A.D.3d 271

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