Garry, J.
Appeal from an order of the Supreme Court (Rumsey, J.), entered February 11, 2015 in Cortland County, which denied defendants' motion for summary judgment dismissing the complaint.
In order to succeed on their motion, defendants were required to "make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact" (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]; see Baird v Gormley, 116 A.D.3d 1121, 1122 [2014]). In support of the motion, defendants submitted, among other things, the deposition testimony of plaintiff, Fritts and two nonparty witnesses. Taken together, the evidence established that, just prior to the collision, plaintiff crossed over a double yellow line and into the oncoming lane in an effort to overtake Fritts' vehicle. Plaintiff's stated reason for attempting to pass Fritts' vehicle in a no passing zone was that his vehicle was moving "too slow" and she believed that he was pulling over to permit her to pass. The evidence of plaintiff's unexcused violation of the Vehicle and Traffic Law was sufficient to establish that she was negligent as a matter of law (see Vehicle and Traffic Law §§ 1124, 1126 [a]; 1128 [d]; Baldwin v Degenhardt, 82 N.Y.2d 867, 868 [1993]; compare Baker v Joyal, 4 A.D.3d 596, 597 [2004], lv denied 2 N.Y.3d 706
Fritts acknowledged in his testimony that he was unaware of whether there were any vehicles traveling behind him before he moved his vehicle onto the right shoulder of the roadway. He further conceded that he did not check his mirrors for traffic before then executing the left turn, although it was his usual practice to do so. Notably, "`[d]rivers have a duty to see what should be seen and to exercise reasonable care under the circumstances to avoid an accident'" (Smith v Allen, 124 A.D.3d 1128, 1130 [2015], quoting Singh v Avis Rent A Car Sys., Inc., 119 A.D.3d 768, 769 [2014]; see Corina v Boys & Girls Club of Schenectady, Inc., 82 A.D.3d 1477, 1478 [2011]). There was also conflicting proof as to whether Fritts had activated his left directional signal prior to the collision; Fritts and a nonparty witness testified that the directional signal was engaged, while plaintiff and another nonparty witness testified that they did not see a directional signal. Viewing the evidence in the light most favorable to plaintiff, the nonmoving party, we thus find that Supreme Court properly determined that there were triable issues of fact as to whether Fritts acted reasonably under the circumstances and whether any negligence on his part was a proximate cause of the accident (see O'Brien v Couch, 124 A.D.3d 975, 977 [2015]; Ruthinoski v Brinkman, 63 A.D.3d 900, 902 [2009]; Anderson v Miller, 263 A.D.2d 643, 644 [1999]; Premo v Lam, 222 A.D.2d 872, 873 [1995]). Thus, defendants' motion was properly denied.
Ordered that the order is affirmed, with costs.