Someone was looking for a case that said this, or something like it, the other day.
CPLR R. 3212
Kutkiewicz v Horton, 2011 NY Slip Op 03215 (App. Div., 2nd 2011)
When viewed in the light most favorable to the nonmoving parties, here the plaintiffs (see Stukas v Streiter,AD3d, 2011 NY Slip Op 01832 [2d Dept 2011]), the evidence Horton submitted in support of the motion established prima facie that the sole proximate cause of the accident was Kutkiewicz's failure to yield the right of way to Horton's vehicle (see Yelder v Walters, 64 AD3d 762, 763-764; Vainer v DiSalvo, 79 AD3d 1023, 1024). In opposition, the plaintiffs failed to demonstrate a triable issue of fact as to whether Horton was at fault in the happening of the accident (see Yelder v Walters, 64 AD3d at 764; Vainer v DiSalvo, 79 AD3d at 1024). Consequently, the Supreme Court properly granted Horton's motion for summary judgment dismissing the complaint.
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