Opinion
2012-05-17
Jason Levine, New York, for appellant. Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Debra A. Adler of counsel), for respondents.
Jason Levine, New York, for appellant. Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Debra A. Adler of counsel), for respondents.
Order, Supreme Court, Bronx County (Mitchell Danziger, J.), entered December 27, 2011, which, in an action for personal injuries allegedly sustained when plaintiff pedestrian was struck by defendants' vehicle as she crossed the street, denied plaintiff's motion for summary judgment on the issue of liability, unanimously affirmed, without costs.
Summary judgment in plaintiff's favor was properly denied since the conflicting accounts of plaintiff and defendant driver raise triable issues of fact as to how the accident occurred ( see Negron v. Garcia, 85 A.D.3d 513, 925 N.Y.S.2d 58 [2011] ).