Opinion
02-07-2017
Jorge GALINDO, also known as George Galindo, Plaintiff–Appellant, v. Efrain Uzhca Orellana FAUSTO, et al., Defendants–Respondents.
Wingate, Russotti, Shapiro & Halperin, LLP, New York (Robert J. Bellinson of counsel), for appellant. Burke Conway Loccisano & Dillon, White Plains (Chikodi E. Emerenini of counsel), for respondents.
Wingate, Russotti, Shapiro & Halperin, LLP, New York (Robert J. Bellinson of counsel), for appellant.
Burke Conway Loccisano & Dillon, White Plains (Chikodi E. Emerenini of counsel), for respondents.
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 N.Y.2d 736, 602 N.Y.S.2d 323, 621 N.E.2d 690 [1993] ;).
FRIEDMAN, J.P., ANDRIAS, MOSKOWITZ, KAPNICK, KAHN, JJ., concur.