A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, a lack of fault in the happening of the accident. A driver is negligent if he makes an unsafe lane change, or fails to see something which, through the proper use of the driver's senses, should have been seen. A violation of the Vehicle and Traffic Law constitutes negligence as a matter of law.
Atali v. Cole, NY Slip Op 04733 (2d Dep't July 29, 2026)
