Plaintiffs appeal from an order of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), dated August 2, 2007, which granted the motion of defendants Dalmer Car Service and Reyes Moreno for summary judgment dismissing the complaint as against them.

Per Curiam.

Order (Nelida Malave-Gonzalez, J.), dated August 2, 2007, affirmed, with $10 costs.

We agree that plaintiffs failed to raise a triable issue in opposition to the moving defendants' prima facie showing of entitlement to summary judgment. Defendant Moreno, driving on a through street with no traffic signal, was entitled to presume that non-movant defendant Ramnauth's vehicle, approaching the intersection on a subservient street controlled by a stop sign, would yield to Moreno's oncoming vehicle (see e.g. Dinham v Wagner, 48 AD3d 349 [2008]; Namisnak v Martin, 244 Ad2d 258 [1997]). Plaintiffs' conclusory allegations that Moreno was speeding were made for the first time in opposition to the moving defendants' summary judgment motion, after the taking of plaintiffs' depositions at which no mention was made of Moreno's alleged speeding, and thus are insufficient to defeat summary judgment (see Grossman v Spector, 48 AD3d 750 [2008]).

We have considered plaintiffs' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 06, 2009