N.Y. Vehicle & Traffic Law § 1123: When overtaking on the right is permitted

§ 1123. When overtaking on the right is permitted. (a) The driver of a

vehicle may overtake and pass upon the right of another vehicle only

under the following conditions:

1. When the vehicle overtaken is making or about to make a left turn;

2. Upon a street or highway with unobstructed pavement not occupied by

parked vehicles of sufficient width for two or more lines of moving

vehicles in each direction;

3. Upon a one-way street, or upon any roadway on which traffic is

restricted to one direction of movement, where the roadway is free from

obstructions and of sufficient width for two or more lines of moving

vehicles.

(b) The driver of a vehicle may overtake and pass another vehicle upon

the right only under conditions permitting such movement in safety.

Such movement shall not be made by driving off the pavement or

main-traveled portion of the roadway, except as permitted by section

eleven hundred thirty-one of this article.