Dismissal: Failure to Yield in Traffic Accident
Traffic Accidents from a failure to yield can result in serious injury or even death. In Claudia Morante v. Thomas E. Blaney, Jr. (234 A.D.3d 679, 2025 NY Slip Op 00086), the Appellate Division, Second Department, reversed a Queens County Supreme Court order and granted the defendant’s motion for summary judgment dismissing the complaint on liability grounds. This case from accident case went up on appeal. The decision, issued January 8, 2025, arose from an October 2019 collision at the intersection of Merrick Road and Bayview Avenue in Wantagh.
The injured motorist, the traffic accident victim, was traveling westbound and attempted a left turn onto Bayview Avenue. The defendant, the person sued for causing a motor vehicle accident/traffic injury, was traveling eastbound on Merrick Road with a green light in his favor when the plaintiff’s vehicle turned directly into his path, causing the collision. The plaintiff sued for personal injuries, hiring a personal injury attorney.
The defendant moved for summary judgment, arguing he was free from fault and that the plaintiff’s failure to yield was the sole proximate cause of the accident. The trial court denied the motion; the Appellate Division reversed. The Appellate Division held that the defendant met his prima facie burden by establishing:
He had the right-of-way with a green light.
The plaintiff failed to yield the right-of-way when making the left turn (a violation of Vehicle and Traffic Law §§ 1141 and 1163(a), which constitutes negligence per se).
He had only seconds to react and therefore was not comparatively negligent for failing to avoid the collision.
The court rejected the plaintiff’s claims that the defendant was speeding or could have avoided the accident as speculative and unsupported. The plaintiff admitted she never saw the defendant’s vehicle before the impact, while the defendant testified he was traveling below the speed limit. Speculative assertions about speed or the ability to take evasive action were insufficient to raise a triable issue of fact.
Left-turn and right-of-way cases are among the most common — and most frequently resolved by summary judgment — in New York motor vehicle litigation. When one driver clearly fails to yield and the other has the right-of-way with limited reaction time, courts regularly grant judgment as a matter of law.
An experienced personal injury or traffic attorney is essential because:
Summary judgment can end a case early. Proper presentation of deposition testimony, traffic laws, and the limited-reaction-time rule is critical. Inadequate opposition papers can result in dismissal even when a party believes factual disputes exist.
Claims of excessive speed or failure to keep a lookout must be supported by competent evidence, not speculation. Counsel knows how to develop (or dismantle) such claims through discovery and targeted motion practice.
Early legal involvement allows for thorough investigation, preservation of evidence (including traffic light sequencing if relevant), and strategic decisions about settlement versus continued litigation.
The difference between surviving a summary judgment motion and having the case dismissed often turns on the quality of the legal work product submitted to the court.
Whether you are the driver with the right-of-way or the driver making a left turn, the outcome of liability disputes can be decided long before trial. Securing qualified counsel promptly gives you the best opportunity to protect your rights, develop the strongest possible record, and position your case for the most favorable resolution.
If you have been involved in an intersection collision involving a left turn or right-of-way dispute in Suffolk, Queens, Nassau, or elsewhere (or appeal or need appellate counsel in the Second Department), consult an experienced attorney as soon as possible. Early professional representation can make a decisive difference.
Cory H. Morris, Esq. New York and Florida, Traffic, Accident, and Injury - Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954)-745-4592 (FLA). The case is
234 AD 3d 679, 224 NYS 3d 526, 2025 NY … - NY: Appellate Div …, 2025
New York State Traffic, Suffolk County Traffic Agency and Nassau County Traffic, FOIL and Article 78 and Appeals - Traffic and Parking Violations Agency matters | Call 631-450-2515 or E-Mail info@CoryHMorris.com to arrange for an evaluation of your matter (injury, accident, traffic matter, criminal matter or appellate matter).
This post is for informational purposes only and does not constitute legal advice. Every case is fact-specific. For advice about your particular situation, please contact the office for a consultation..
