Milonas v Piro

Holding The court affirmed the summary judgment dismissing the plaintiff’s personal injury claim because the defendant established that the plaintiff negligently entered the roadway without yielding the right-of-way, which was the sole proximate cause of the collision. The plaintiff failed to raise a triable issue of fact regarding the defendant’s fault.

The court’s words

the plaintiff negligently entered the roadway from a parking lot without yielding the right-of-way to the defendant's vehicle

2026 NY Slip Op 06297, at the official text

the driver with the right-of-way also has an obligation to keep proper lookout and see what can be seen

2026 NY Slip Op 06297, at the official text