In Abboud v. Pawelec, 2016 NY Slip Op 05448 (App. Div. 1st Dept. July 7, 2016), a personal injury/car accident case, the court unanimously affirmed summary judgment for plaintiff. The court explained:
Plaintiff established her entitlement to judgment as a matter of law on the issue of liability, in this action where plaintiff’s vehicle collided with the vehicle operated by defendant Ludwik Pawelec when Pawelec, who was traveling in the opposite direction, made a left turn across the path of plaintiff’s vehicle. Plaintiff submitted evidence showing that Pawelec was negligent by making a left turn without ensuring that it was safe to do so (see Vehicle and Traffic Law § 1141), and by failing to see that which, through the proper use of senses, should have been seen.
In opposition, defendants failed to raise a triable issue of fact. Defendants did not offer admissible evidence supporting their assertion that plaintiff could have avoided the collision