Galindo v. Fausto

2017 NY Slip Op 947, 147 A.D.3d 466, 46 N.Y.S.3d 416

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 7, 2017
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered on or about February 24, 2016, which, in this action for personal injuries sustained when plaintiff pedestrian was struck by defendants’ vehicle, denied plaintiff’s motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Defendants’ affidavit, in opposition to plaintiff’s motion raised a triable issue of fact as to plaintiff’s location at the time of the accident, in connection with the crosswalk, and whether plaintiff failed to exercise due care in crossing the street (see Thoma v Ronai, 82 NY2d 736 [1993]).

Concur— Friedman, J.R, Andrias, Moskowitz, Kapnick and Kahn, JJ.