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KOTZIAS v. PANAGIOTIS

2010-11224

91 A.D.3d 607 (2012)

936 N.Y.S.2d 555

2012 NY Slip Op 186

GEORGE KOTZIAS, Appellant, v. CONSTANTIDIS PANAGIOTIS, Respondent.

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

Decided January 10, 2012.

Ordered that the order is affirmed, with costs.

In support of his motion for summary judgment, the defendant made a prima facie showing of his entitlement to judgment as a matter of law by presenting evidence that he approached and entered the intersection with the right-of-way, and that the plaintiff violated Vehicle and Traffic Law § 1142 (a) by failing to yield the right-of-way, which constituted negligence as a matter of law (see Thompson v Schmitt,

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