In Zummo v. Holmes, 57 Ad3d 366 [1st Dept. 2008], the court found that plaintiff had established her entitlement to partial summary judgment when defendants failed to raise a triable issue of fact as to comparative negligence after plaintiff offered evidence that "she was driving in the right lane when driver of tractor trailer in lane to her left attempted to merge into her lane when his lane ended, in violation of the statute pertaining to driving on roadways laned for traffic, at which point tractor trailer struck her vehicle . . . 1128(a)." (Id. at 366).