Palacio v Boro Tr., Inc.

Holding The court affirmed the grant of summary judgment on liability, finding that the bus driver was negligent for making a right turn from the left lane in violation of traffic laws. The court also held that the plaintiff was not comparatively negligent because the abrupt turn left him insufficient time to avoid the collision.

The court’s words

Florvil was negligent in attempting to make a right turn from the left lane in violation of Vehicle and Traffic Law §§ 1128(a) and 1160(a)

2026 NY Slip Op 06448, at the official text

a driver with the right-of-way who has only seconds to react to a vehicle which has failed to yield is not comparatively negligent for failing to avoid the collision

2026 NY Slip Op 06448, at the official text

the defendants' vehicle abruptly turned right from the left lane a split second before the accident occurred and the plaintiff did not have enough time to avoid the accident

2026 NY Slip Op 06448, at the official text