In Guadagno v. Norward, et al, 43 AD3d 1432 (4th Dept, 2007), the Fourth Department found that, based on the credible evidence, the Plaintiff had established as a matter of law that the defendant "was negligent in failing to see that which, under the circumstances, he should have seen, and in crossing in front of (plaintiffs') vehicle when it was hazardous to do so." The accident in Guadango was the result of the defendant's driving into the path of plaintiff's oncoming vehicle while attempting to make a left-hand turn into a driveway.